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Minimum Age Convention, 1973 (No. 138) - Panama (RATIFICATION: 2000)

Other comments on C138

Observation

Direct Request

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The Committee notes the observations of the National Council of Organized Workers (CONATO), received on 31 August 2023. It requests the Government to provide its comments in this respect.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes with interest, from the Government’s report, the adoption in February 2022, of Law No. 285 which creates a System of Guarantees and Comprehensive Protective Rights of Children and Adolescents and its implementing Decree No. 14 of 2022. The Committee notes the Government’s indication that the law reorganizes the competent institutions to guarantee the rights of children and adolescents for children within the country, irrespective of their country of origin, and for all nationals who are outside the country. The Committee notes that section 83 of Law No. 285 sets the minimum age for admission to work or employment at 14 years. Law No. 285 also sets out the right of adolescents (aged 14 to 17 years) to be protected at work (section 84), the right to non-discrimination at work (section 85), the prohibition of hazardous work for children and adolescents (section 87) and the limitation of work of 6 hours daily and 30 hours weekly for adolescents (section 91). Section 220 of the Law provides for penalties in the event of a violation of the provisions prohibiting child labour: (1) up to 5 per cent of gross annual revenues and never less than 500,000 Panamanian Balboa (equivalent to US$500,000) for the employer or any other person who benefits from child labour; and (2) temporary or permanent closure of the business in cases where the child or adolescent is put in danger.

The Committee further notes the Government’s indication that it has taken several measures to prevent and eradicate child labour, including: (1) strengthening the Committee for the Eradication of Child Labour and Protection of Adolescent Worker (CETIPPAT) and creating sub-committees of the CETIPPAT in the provinces of the country; (2) in the follow-up of the 2016–19 Roadmap Action Programme for making Panama a country free of child labour, the Government elaborated a proposal for a programme of action 2022-2024, which is being reviewed for approval by the CETIPPAT; (3) with the cooperation of the ILO, the Government improved the Monitoring System on Child Labour (SMTI), an online tool which allows the registration, detection, referral, monitoring and removal of children and adolescents in situations of child labour; (4) the implementation of strategies to eradicate child labour in districts and municipalities and signature of agreements between local governments and the Ministry of Labour and Labour Development (MITRADEL); (5) the Direction against Child Labour and Protection of Adolescent Workers (DIRETIPAT) of MITRADEL created an awareness-raising programme to create a culture encouraging people to denounce cases of child labour and in which 12,284 persons participated between 2020 and 2023; and (6) MITRADEL carried out tours of prevention and eradication of child labour at the national level in order to reach a broader audience such as social partners, schools, youth groups and the media.

The Committee notes that the CONATO, in its observations, acknowledges the efforts made by the Government to eradicate child labour. However, the CONATO is of the view that institutions such as the National Secretariat for Children, Adolescents and Families (SENNIAF) and DIRETIPAT need better and adequate economic, technical and human resources to perform their duties and to strengthen their action in the eradication of child labour. The CONATO observes that it has not found instances of child labour in private companies and businesses, but that cases of child labour were found in the supply chain of raw materials. The Committee further notes that the CONATO is concerned about the lack of up-to-date statistics on child labour and the absence of disaggregated statistics which would show the proportion of children of indigenous communities and children of migrants in irregular situation, where child labour is known to be prevalent. The Committee also notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, that a considerable number of children under the age of 14 years are engaged in child labour (E/C.12/PAN/CO/3, 31 March 2023, paragraph 32). While taking due note of the Government’s efforts to ensure the elimination of child labour, the Committee requests it to continue providing information on: (i) the measures taken to ensure the progressive elimination of child labour in all sectors of activity, including through the effective application of Law No. 285 and the results achieved; and (ii) the progress in adopting and implementing the above-mentioned programme of action. The Committee also requests the Government to provide updated information, where possible disaggregated by age and gender, on the nature, extent and trends of child labour in the country, including in the informal economy.

Labour inspection. The Committee notes the Government’s indication that DIRETIPAT is responsible for ensuring compliance with labour standards of adolescent workers and guaranteeing the absence of child labour. The Government indicates that DIRETIPAT, the Labour Inspectorate, the SENNIAF and the national police for children and adolescents, undertook inter-institutional preventive and protective inspection routes across the country. Between 2020 and 2023, a total of 636 inspection routes took place and 269 children in child labour were identified (64 girls and 205 boys). The Committee notes, from the observations of the CONATO, that it considers that the management of the Labour Inspectorate needs to be strengthened. The Committee requests the Government to continue to provide information on the monitoring activities of the DIRETIPAT and the labour inspectorate, including by indicating the number of inspections carried out and the number of children identified in child labour. It further requests the Government to provide information on the number and nature of violations detected, the sectors in which they were found, and the penalties applied.