PARAGUAY Country Studies: A brief, comprehensive study of Paraguay

U.S. Department of State

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Researcher Notes indicator not met- no training is delivered at least every two years to at least one of the above groups. Any kind of victim support service is available for men, women, or children AND services must be government run, or funded by government, or provided with in-kind support from the government AND services must be operational between 1 February and 30 June Support defined as permission, development of the training, or monetary or in-kind support. Researcher Notes Indicator met- support exists for women and children. If yes to 3. Children must also be able to leave when they wish but should be accompanied by a chaperone.

If evidence that victims adults and children are detained against their will or are unable to leave unaccompanied adults or with a chaperone children , this meets the criteria of the indicator. If no to 3. Researcher Notes Indicator not met- no information found on whether victims can leave shelters. Support defined as in-kind or monetary support not just permission.

If government provides some resources, but there are significant gaps not covered by INGOs or government, then please rate as indicator not met. Researcher Notes Indicator met- the Ministry of Women provides services to women and children. If government provides some physical and mental health support, but there are significant gaps not covered by INGOs or government, then please rate as indicator not met. Researcher Notes Indicator not met- evidence of some physical and mental health support for victims of modern slavery since 30th June but there are significant gaps not covered by INGOs or government.

AND there are NO specific shelters or services for them. This has also occurred between 1 February and 30 June NOT services are not available for a particular group, but no cases within that group were identified. This indicator is measuring gaps in existing services. Researcher Notes Indicator met- services focus on women and children. Examples include cases where facilities exist but victims are not being transferred to these facilities. This indicator is measuring the use of existing services. Researcher Notes Indicator not met- victims have accessed the shelter between 1st February and 30th June NOT visas are available for victims — this is covered under Milestone 1, 3.

Researcher Notes indicator met- government provides long term reintegration support ex. Visas are available so that foreign victims can receive support either in country or in a third country after a reflection period has expired AND these are available between 1 February and 30 June These visas include longer term visas AND reflection periods awarded on the basis of personal situation OR participation in a court case.

Medical Genetics in Paraguay

Researcher Notes Indicator met- Trafficking legislation includes provisions for foreign modern slavery victims. NOT children are placed in correctional facilities, boarding schools, or other non-specialised institutions. Researcher Notes Indicator met- services exist for children. NOT family reunification program exists but is not currently funded. Researcher Notes Indicator not met- A family reunification programme exists but there are no evidence that this is operating between 1st February and 30th June This training includes how to assist victims of modern slavery and can include do no harm principles, individualised treatment and care, comprehensive care, self-determination and participation, non-discrimination, confidentiality, and right to privacy OR direct assistance is provided by fully qualified social workers, psychologists, or doctors AND this has occurred since 30 June NOT training is provided by unskilled volunteers.

NOT general modern slavery training is provided to social workers. Direct victim assistance services means those services provided to workers who have regular contact with victims post-identification. It can include shelter workers, case managers, doctors, and psychologists. Researcher Notes Indicator not met- some suggestions that some training on victim assistance was given in , but this is unverified and contradicted by other reports.

Research in Paraguay

Evaluation internal or external is defined as an assessment of the current services against the service objectives and incorporating client feedback. NOT a description of the program or services provided. NOT ad hoc inspections without a clear sense of follow-up activities. NOT evaluations of the national action plan — this is covered under Milestone 3, 2. Researcher Notes Indicator not met- no evidence of formal reporting or evaluation of direct victim support services has been undertaken. Researcher Notes Indicator not met - Indicator M1 3. First responders are defined as: General guidelines should exist at the national level for all responders, NOT police have their own guidelines.

Researcher Notes Indicator not met- no national guidelines and no information on dissemination. If yes to 4. If no to 4. Researcher Notes Indicator not met- no evidence that guidelines provided for in legislation have been developed. Examples include a list of approved agencies and NGOs that can identify and certify victims of modern slavery. Researcher Notes Indicator not met- no information found on guidelines beyond provision in law. There is a National Referral Mechanism for victims of modern slavery AND it includes government and non-governmental organisations AND it operated during the period between 1 February and 30 June NOT evidence that victims have been referred without a national system in place.

However, it is unclear whether this includes government and non- government organisations and, given a lack of funding and limited interagency coordination, it was not operating well during the period 1st February and 30th June There is evidence that victims are referred through the National Referral Mechanism AND this has happened once between 1 February and 30 June Researcher Notes Indicator not met- responsibilities are outlined in law, but most victims lacked access to comprehensive care.

Milestone 2 Criminal justice mechanisms function effectively to prevent modern slavery. Ratification or succession denoted by a d in brackets or accession denoted by an a in brackets of the Slavery Convention. Researcher Notes Indicator met - Acceded on 27 Sep Researcher Notes Indicator met - Ratified 22 Sep Researcher Notes Indicator met - In force as of 07 May Researcher Notes Indicator met - Ratified March 7 Ratification, succession d , or accession a of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, Researcher Notes Indicator met - Ratified 27 Sep Ratification, succession d , or accession a of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography Researcher Notes Indicator met - Ratified 18 Aug Researcher Notes Indicator met - Ratified 23 Sep Human trafficking is listed as a standalone article in the penal code or criminal code OR human trafficking is criminalised under a distinct piece of legislation AND within either the penal code or distinct legislation human trafficking does not require movement of individuals across international borders AND the legislation covers men, women, and children.

Definition of trafficking includes action, means, and purpose. Trafficking in persons shall require action e. Slavery is criminalised as a distinct crime. The offence of slavery must include a situation in which the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. Slavery may be listed as a standalone crime in the penal or criminal code or in trafficking-specific legislation or in another act. NOT slavery is prohibited in the Constitution. Forced labour is criminalised as a distinct crime. Forced or compulsory labour means all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself or herself voluntarily.

Does not include compulsory military service, work which forms part of the normal civic obligations of the citizen, or work performed in cases of emergency such as war, fire, famine, or flood. The offence of forced labour must include 1 work performed under the menace of any penalty AND 2 work for which the said person has not offered himself voluntarily.

These two components must be present in order for the indicator to have been met. Forced labour may be listed as a standalone crime in the penal or criminal code or in trafficking-specific legislation or in another act. Criminal code or standalone legislation specifically criminalises use of children in armed conflict.

Population Diversity

NOT where the age of recruitment is 18 but there is no criminalisation of the use of children in armed forces. Must cover use of children in state national army and non-state armed groups. Researcher Notes Indicator not met- coercion into armed forced is criminalised, but no specific provisions for use of children. The penal or criminal code or trafficking legislation includes provisions that it is an offence: NOT met when selling a child is criminalised AND child sex abuse is criminalised second component must criminalise purchase of sex with a child.

Researcher Notes Indicator not met- inducing a child into prostitution is criminalised under Article ; unclear if purchase of a child for sex is criminalised. Forced marriage is criminalised as a distinct crime, in the penal or criminal code, trafficking-specific legislation, or other act NOT the legal age of marriage is set at If kidnapping is required to be present for the crime of forced marriage to occur, this is indicator not met.

Researcher Notes Indicator met- forced marriage is criminalised under Article 5 of the trafficking legislation. Penalties as laid out in legislation are cruel or inhumane OR are not sufficient enough to deter future offenders. This does NOT refer to judicial sentences, rather to the punishments outlined in legislation.

Cruel and inhumane punishments include torture, deliberately degrading punishment, or punishment that is too severe — capital punishment, whipping, or other forms of physical violence. Insufficient punishments would include fines for modern slavery related crimes. Researcher Notes Indicator not met- penalties are proportionate. National laws allow victims to participate in the legal system regardless of their role as a witness.

NOT there is evidence or a general statement that victims participate in the criminal justice process as witnesses. Relevant national laws include criminal procedure code or criminal law sentencing acts. Researcher Notes Indicator met- victims have the right to participate, regardless of their role as a victim.

National laws recognise victims are not criminals for conduct during enslavement AND his must refer to modern slavery crimes, not general provisions in legislation. Modern slavery crimes are defined as human trafficking, forced labour, slavery, forced marriage, and children in armed conflict. NOT there is no evidence that victims have been criminalised. Researcher Notes Indicator met- trafficking legislation article 14 exempts victims from crimes committed while trafficking. For example, visas are awarded to trafficking victims on the basis of humanitarian or personal reasons, not because they have agreed to participate in the court process.

Researcher Notes Indicator met- visas appear to be available regardless of participation in the court case. Victims have been arrested for crimes committed while under the control of the person exploiting them AND this has occurred between 1 February and 30 June NOT foreign nationals have been deported OR detained for immigration offences no visa, overstaying visa, etc.

Government Response

Examples would be victims have been arrested on prostitution charges or arrested for drug production. If victims are arrested and released as soon as it is realised that they are victims, please rate as indicator not met. Researcher Notes Indicator met- the government have detained child soldiers. Any type of free legal services or advice exists in legislation, including free legal advice and free legal representation AND these are either specific to victims of modern slavery OR victims of modern slavery can access broader legal advice, which is available for all victims of crime.

NOT legal services are available, but not free. NOT free legal services are available only for citizens, not foreign victims. NOT free legal services are available for certain types of crime such as violent crime and modern slavery is not specified. If free legal services exist in legislation AND there is no evidence they are not being used, please rate as indicator met. If free legal services exist in practice, but there is no evidence of their existence in legislation, please rate as indicator met. If free legal services are NOT in legislation and no evidence of these being used, please rate as indicator not met.

If free legal services exist in legislation and there is evidence they are not used or are poorly implemented, please rate as indicator not met. Researcher Notes Indicator met- free legal services or advice exists in legislation. However, no evidence that victims have accessed free legal services or advice. Government operated or supported witness and victim protection mechanisms exist in legislation so that victims are not intimidated or interfered with INSIDE the court. Government operated or supported is defined as government run or funded by government or provided with in-kind support from the government.

NOT applicable outside the court room see Milestone 2, indicator 2. Victim protection mechanisms inside the courtroom refers to provision of video testimony, victims are not cross-examined, and victims are protected from perpetrators. If witness protection mechanisms exist in legislation AND there is no evidence they are not being used, please rate as indicator met.

If witness protection mechanisms exist in practice, but there is no evidence of their existence in legislation, please rate as indicator met. If witness protection mechanisms are NOT in legislation and there is no evidence of these being used, please rate as indicator not met. If witness protection mechanisms exist in legislation and there is evidence they are not used or are poorly implemented, please rate as indicator not met. Researcher Notes Indicator met-witness and victim protection mechanisms exist in legislation so that victims are not intimidated or interfered with INSIDE the court.

No evidence of protective measures for men. Government operated or supported witness and victim protection mechanisms exist in legislation so that victims are not intimidated or interfered with OUTSIDE the court. NOT applicable inside the court room see Milestone 2, indicator 2. Witness and victim protection mechanisms include an official witness protection program where individuals are provided with security, new identities, and relocation support, or protection whereby the victim's identity is not revealed to the public.

If witness protection mechanisms exist in practice but there is no evidence of their existence in legislation, please rate as indicator met. If witness protection mechanisms are NOT in legislation and no evidence of these being used, please rate as indicator not met. The legal framework allows victims of modern slavery to receive compensation for damages incurred as a result of exploitation OR the legal framework allows victims of modern slavery to receive restitution for damages incurred as a result of exploitation.

Diplomacy in Action

Researcher Notes The legal framework allows victims of modern slavery to receive compensation for damages incurred as a result of exploitation. Moreover, one person received restitution since 30th June Legislation specifies that children require special services during the court case and NOT there is any evidence of child friendly services being used in court. Child friendly services include the use of screens or video testimonies, training of judges in child friendly questioning, and the use of one support person or guardian during the court process. If child friendly services exist in legislation AND there is no evidence they are not being used, please rate as indicator met.

If child friendly services exist in practice but there is no evidence of their existence in legislation, please rate as indicator met. If child friendly services are NOT in legislation and there is no evidence of these being used, please rate as indicator not met. If child friendly services exist in legislation and there is evidence they are not used or are poorly implemented, please rate as indicator not met. Researcher Notes Indicator met-legislation specifies that children require special services during the court case.

Moreover, evidence of child friendly services being used in court. Has to be a specialised law enforcement unit or a sub-unit or team within the law enforcement structure that has specialised mandate to conduct investigations into modern slavery, OR provide specialist support for colleagues AND this unit is operating since 30 June NOT local level anti trafficking coordination bodies.

Researcher Notes Indicator met- a specialised police unit exists. This has been an impact on their ability to function. This lack of resources must have occurred between 1 February and 30 June Researcher Notes Indicator met- evidence suggests that infrastructure and resources are missing. SOPs include for example: Training for the judiciary has taken place on human trafficking and related legislation, victim needs in the court room, basic international legal standards in modern slavery cases, trends in modern slavery in the country, and victim profiles AND training for judiciary has occurred once since 30 June Definition of training includes formal in-person training or an online training program as part of broader curriculum on human rights or other training programs.

NOT booklets with description of modern slavery laws have been handed out to judiciary. Researcher Notes Indicator not met- no evidence of training for judiciary since 30th June Training for prosecutors has taken place on human trafficking and related legislation, victim needs in the court room, basic international legal standards in modern slavery cases, trends in modern slavery in the country, and victim profiles AND training for prosecutors has occurred once since 30 June NOT booklets with description of modern slavery laws have been handed out to prosecutors.

Researcher Notes Indicator met- training has been provided to the prosecutors. Researcher Notes Indicator met- evidence that systematic approach to training by the Anti-Trafficking Unit. Judicial punishments are either too lenient or too harsh for offenders AND this has occurred during the period 1 February to 30 June Examples of too lenient include giving of fines, suspended sentences, and sentences that are less than the prescribed minimum.

Examples of too harsh are corporal punishment and capital punishment. Researcher Notes Indicator met- evidence suggests that those convicted receive suspended sentences. Milestone 3 Coordination occurs at the national and regional level, and governments are held to account for their response.

National coordination body on modern slavery trafficking, slavery, forced labour, children in armed conflict exists that includes both NGOs and government representatives AND this group met at least once between 1 February and 30 June This body coordinates the whole of the government response to modern slavery. NOT a group or body that refers victims - this is covered under Milestone 1, 4. Any National Action Plan NAP on modern slavery, or that covers any component of modern slavery, such as trafficking, forced marriage, forced marriage, children in armed conflict AND this NAP covers part or all of the period 1 February to 30 June Researcher Notes indicator not met- The draft national action plan remained awaiting approval for the second consecutive year.

Researcher Notes Indicator not met- no evidence that the government releases annual reports against the national action plan. NOT the activities are costed, but it is unclear where this money is coming from OR there are reports of significant gaps in funding that are not plugged by IOs, NGOs or other agencies.

Researcher Notes Indicator not met- no evidence of a budget for the national policy found. There are suggestions that services are severely under funded. An independent entity is established to monitor the activities of the government in relation to its anti-modern slavery efforts. This is the basic text view. Paraguay has a small but growing open economy, which currently averages four percent GDP growth per year, and has the potential for continued growth over the next decade.

Major drivers of economic growth in Paraguay are the agriculture, retail, and construction sectors. The Paraguayan government encourages private foreign investment. Paraguayan law grants investors tax breaks, permits full repatriation of capital and profits, supports maquila operations special benefits for investors in manufacturing of exports , and guarantees national treatment for foreign investors. Paraguay scores at the mid-range or lower in most competitiveness indicators, judicial insecurity hinders the investment climate, and trademark infringement and counterfeiting are major concerns.

Previously, the government has taken measures to improve the investment climate, including the passage of laws addressing competition, public sector payroll disclosures, and access to information. Paraguay's export and investment promotion bureau, REDIEX, prepares comprehensive information about business opportunities in Paraguay. Paraguay guarantees equal treatment of foreign investors and permits full repatriation of capital and profits.

Paraguay has historically maintained the lowest tax burden in the Latin American region, with a 10 percent corporate tax rate and a 10 percent value-added tax VAT on most goods and services. Paraguay's export and investment promotion bureau, REDIEX, provides useful information for foreign investors, including business opportunities in Paraguay, registration requirements, laws, rules, and procedures. Foreign and domestic private entities may establish and own business enterprises.

Paraguay: General Statistics

Foreign businesses are not legally required to be associated with Paraguayan nationals for investment purposes, though this is strongly recommended, on an unofficial basis, by national authorities. There is no restriction on repatriation of capital and profits. Private entities may freely establish, acquire, and dispose of business interests. Please see following website: Paraguay has responded to complaints about its traditionally onerous business registration process - previously requiring new businesses to register with a host of government entities one-by-one - by creating a portal in that provides one-stop service.

The process takes about one month. There are no restrictions to Paraguayans investing abroad. The Paraguayan government does not incentivize or promote outward investment. Paraguay has bilateral investment agreements or treaties with the following countries: Paraguay is a founding member of the Mercosur common market, formed in Mercosur has investment protocols for internal and external investment. Bolivia is an associate member, having signed an accession agreement in that has been ratified by all members except Brazil.

Paraguay is using its Mercosur presidency to pursue a free trade agreement with the European Union. The two countries signed a Trade and Investment Framework Agreement in January that was ratified by the Paraguayan Congress in December and signed by President Cartes that same month. Proposed Paraguayan laws and regulations, including those pertaining to investment, are usually available in draft form for public comment after introduction into senate and lower house committees. In most instances, there are public hearings where members of the general public or interested parties can provide comments.

Politically motivated changes in the leadership of regulating agencies negatively impact firms and investors. Corruption has historically been common in these institutions as time-consuming processes provide opportunities for front-line civil servants to seek bribes to accelerate the paperwork. Paraguay has a Civil Law legal system based on the Napoleonic Code. A new Criminal Code went into effect in , with a corresponding Code of Criminal Procedure following in A defendant has the right to a public and oral trial.

A three-judge panel acts as a jury. Judges render decisions on the basis of in order of precedence the Constitution, international agreements, the codes, decree law, analogies with existing law, and general principles of the law. There are media reports of Executive Branch interference with judicial decision making. No restrictions exist in Paraguay on the conversion or transfer of foreign currency, apart from bank reporting requirements for transactions in excess of USD 10, This law also grants investors a number of tax breaks, including exemptions from corporate income tax and value-added tax.

It also regulates joint ventures, recognizing JVs established through formal legal contracts between interested parties. This law allows international arbitration for the resolution of disputes between foreign investors and the Government of Paraguay. Implementing regulations were published in The law protects the remittance of capital and profits, provides assurances against administrative and judicial practices that might be considered discriminatory, and permits tax incentives for up to 20 years. There is no minimum investment amount, but projects must be authorized by a joint resolution by the Ministry of Finance and Ministry of Industry and Commerce.

In the Paraguayan Congress passed a law to promote public-private partnerships PPP in public infrastructure and allow for private sector entities to participate in the provision of basic services such as water and sanitation. The government signed implementing regulations for the PPP law in As a result, the Executive Branch can now enter into agreements directly with the private sector without the need for congressional approval. In , the Government of Paraguay implemented its first contract under the new law.

Large infrastructure projects are usually open to foreign investors. The Paraguay government seeks increased investment in the maquila sector and Paraguayan law grants investors a number of incentives. The maquila program entitles a company to foreign investment participation of up to percent and to special tax and customs treatment. In addition to tax exemptions, inputs are allowed to enter Paraguay tax free, and up to 10 percent of production is allowed for local consumption after paying import taxes and duties.

There are few restrictions on the type of product that can be produced under the maquila system and operations are not restricted geographically. Ordinarily, all maquila products are exported. Paraguay passed a Competition Law in , which entered into force in April Private property has historically been respected in Paraguay as a fundamental right. Expropriations must be sanctioned by a law authorizing the specific expropriation.

There have been reports of expropriations of land without prompt and fair compensation. Paraguay is a contracting state to the New York Convention. Foreign decisions and awards are enforceable in Paraguay. World Bank data states the process averages days and costs 30 percent of the claimed value. Severe penalties and high fines may result if a court determines that a foreign company ended the relationship with its distributor without first establishing that just-cause exists, which sometimes compels Paraguayan distributors to seek expensive out-of-court settlements first.

Nevertheless, cases are infrequent and courts have upheld the rights of foreign companies to terminate representation agreements after finding the requisite showing of just cause. In larger suits, the amount of reimbursed legal costs often far exceeds the actual legal costs incurred. The report states resolving insolvency takes 3. The average recovery rate is Bankruptcy is not criminalized in Paraguay. Paraguay also has a temporary entry system, which allows duty free admission of capital goods such as machinery, tools, equipment, and vehicles to carry out public and private construction work.

The government also allows temporary entry of equipment for scientific research, exhibitions, training or testing, competitive sports, and traveler or tourist items. Paraguay has two Free Trade Zones in Ciudad del Este — one that operates largely as a manufacturing center and a second that focuses on warehouse storage. Paraguay is a landlocked country with no seaports but has numerous private and public inland river ports.

About three-fourths of commercial goods are transported by barge on the Paraguay-Parana river system that connects Paraguay with Buenos Aires, Argentina, and Montevideo, Uruguay. Paraguay has agreements with Uruguay, Argentina, Brazil, and Chile on free-trade ports and warehouses for the reception, storage, handling, and trans-shipment of merchandise. Paraguay does not mandate local employment or have excessively onerous visa, residence, work permit or similar requirements inhibiting mobility of foreign investors and their employees.

However, the bureaucratic process to comply with these requirements can be lengthy.

Voting board members of any company incorporated in Paraguay must have legal residence, which takes a minimum of 90 days to establish, posing a potential obstacle to foreign investors. Paraguayan law requires internet service providers to retain IP address for six months for certain commercial transactions. The government is making efforts to enhance transparency and accountability, including through the use of an internet-based government procurement system. The constitution guarantees the right of private property ownership.

While it is common to use real property as security for loans, the lack of consistent property surveys and registries often makes it impossible to foreclose. According to government figures, there is 35 percent more titled land in Paraguay than physically exists. In some cases, acquiring title documents for land can take two years or more. Paraguay was removed from the U. The border crossing at Ciudad del Este, and the city itself reportedly serves as a hub for the distribution of counterfeit and pirated products in the Brazil-Argentina-Paraguay tri-border region and beyond.

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