CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

The Committee notes the Government’s report. It also notes the comments of the National Federation of Public Employees and Public Service Enterprises Workers (FENASEP) of 5 October 2009 and the Government’s reply thereto of 10 February 2010.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the statistics contained in the national report concerning the child labour survey undertaken by the Directorate of Statistics and Census and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) and published by ILO–IPEC in March 2003, the number of children between the ages of 5–17 years engaged in child labour was 47,976. According to the report, 25,273 minors worked in agriculture. It also noted that the Government took a large number of measures to eliminate child labour and its worst forms, such as the National Plan for the Elimination of Child Labour and the Protection of Young Workers 2007–11 (National Plan against Child Labour) and programmes of action in collaboration with ILO–IPEC which target, among others, child domestic work, agricultural work, hazardous types of work and work by indigenous children.

The Committee notes that, in its comments, the FENASEP expresses concern at the fact that, compared with the data of 2000, according to which 47,475 children between 5 and 17 years of age were working in Panama, the 2008 survey on child labour shows that this figure has almost doubled to 89,767. The Committee notes the Government’s reply to the FENASEP’s comments that: (a) the number of children aged from 5 to 17 increased from 2000 to 2008 (from 755,032 to 829,724); (b) at the moment of carrying out the second survey, society was more aware of the subject of child labour, thus 2008 statistics better reflect the existing reality. The Government also states that notwithstanding the progress achieved as a result of the measures taken, various issues still hamper the elimination of child labour. However, the recently elected Government is taking measures to achieve this goal.

The Committee takes due note of the detailed information provided by the Government in its report. In particular, it notes the results of the implementation of the ILO–IPEC Country Programme to prevent and eliminate child labour and its worst forms in Panama (ILO–IPEC Country Programme) and the results of the action programmes carried out in collaboration with ILO–IPEC in the urban, rural and indigenous areas of the provinces of Panamá and Colón, Chiriquí and Veraguas to prevent children from engaging in child labour or withdrawing them from child labour and its worst forms through the provision of educational services and assistance to their families. The Committee further notes that the Government has taken several measures – such as the programmes “Opportunities”, “Educational Promotion”, “Solidarity Day”, “Eradication of Child Labour Scholarships” and “Prevention and eradication of child labour and protection of adolescent workers in the provinces of Panama and Colón” – to promote education as a means to contribute to the eradication of child labour, especially through the provision of cash transfers often conditioned on school attendance. Finally, the Committee notes the Government’s information that in December 2007, the Government and the social partners signed the Decent Work Programme 2008–11, which has amongst its objectives the abolition of child labour. The Committee, while noting the wide range of measures taken by the Government to combat child labour, expresses its concern at the increasing number of children between 5–17 years of age who work in Panama. It strongly encourages the Government to redouble its efforts to combat child labour and requests it to continue to provide information on the implementation of the projects such as those referred to above, as well as the results obtained in terms of the progressive abolition of child labour. It also requests the Government to provide statistical information on the employment of children under 14 years.

Article 2(2). Raising the minimum age for admission to employment or work initially specified. The Committee previously noted that the Bill on children contains a provision raising the minimum age for admission to employment or work from 14 to 15 years. It drew the Government’s attention to the fact that Article 2(2) of the Convention envisages the possibility for a State, which decides to raise the minimum age for admission to employment or work initially specified, to notify the Director-General of the International Labour Office by a further declaration. The Committee requested the Government to provide information on the raising of the minimum age for admission to employment or work. The Committee notes the Government’s information that the Bill on children has not been adopted yet and that at the moment there is no intention to increase the minimum age initially specified.

Article 3(3). Authorization to employ young persons from the age of 16 years on hazardous types of work. In its previous comments, the Committee noted that, under the terms of section 118 of the Labour Code and section 510 of the Family Code, hazardous work was prohibited for young persons under 18 years of age, in accordance with Article 3(1) of the Convention. However, it also noted that section 118(2) of the Labour Code and section 510(2) of the Family Code provide that this prohibition does not apply to work performed by minors in training establishments when the work is approved and supervised by the competent authority in listed types of hazardous work.

The Committee notes the Government’s information that the labour inspectorate monitors the nature and the conditions of work of young persons and establishes whether the work permit for these young persons may be issued. Subsequently, periodic inspections are carried out to ensure compliance with the relevant legislation. The Committee, however, observes that, since the minimum age for admission to work in Panama is 14 years, it appears that, pursuant to section 118(2) of the Labour Code and section 510(2) of the Family Code, a working permit for a young person to perform hazardous work in a training context may be issued at 14 years. The Committee notes that this is not in conformity with Article 3(3) of the Convention, according to which national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests the Government to take the necessary measures to repeal or amend section 118(2) of the Labour Code and section 510(2) of the Family Code, in order to ensure that only young persons from 16 years who have received adequate specific instruction or vocational training may be allowed to perform types of hazardous work, in conformity with Article 3(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes the Government’s information that 1,045 inspections involving children and adolescent workers were carried out between 2006–09. Only seven cases resulted in penalties being imposed in the same period. It also notes that under the
ILO–IPEC Country Programme, a guide for the labour inspectorate to eradicate child labour and its worst forms was developed and the Executive Decree “On the eradication of child labour and the protection of the rights of working minors”, which is aimed at establishing an intra-institutional protocol of inspection for child labour and at providing for the protection of working adolescents, is awaiting final adoption. Noting the high number of children between 5–17 years of age who work in Panama, the Committee encourages the Government to continue to take measures to strengthen the labour inspectorate in order to combat child labour more effectively. In this regard, it requests the Government to provide information on the adoption of the Executive Decree “On the eradication of child labour and the protection of the rights of working minors”. It finally asks the Government to continue to provide extracts from the reports of inspection services and information of the number and nature of contraventions reported.

The Committee notes the Government’s information that the Bill on the protection of Children and Young Persons (Bill on Children) has not been adopted yet. However, the newly elected Government, through the National Office for Children and Young Persons (SENIAF), is following-up on this issue. The Committee hopes that the Bill on children will be adopted in the near future and hopes that it will take into account the Committee’s comments. It requests the Government to continue to provide information on any progress in the adoption of the Bill.

CMNT_TITLE

The Committee notes the Government’s report and the numerous documents attached. It also notes the Bill on the protection of children and young persons supplied by the Government, which will be discussed in the Cabinet Council and the Legislative Assembly with a view to its adoption. The Committee hopes that the Bill will be adopted in the near future and that it will take into account the comments made below. It requests the Government to provide information once the Bill has been adopted.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the statistics contained in the national report concerning the child labour survey undertaken by the Directorate of Statistics and Census and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) and published by ILO/IPEC in March 2003, the number of children between the ages of 5 and 17 years engaged in child labour was 47,976. According to the report, 25,273 minors worked in agriculture. Furthermore, according to the report published in 2002 by IPEC entitled “Rapid evaluation of the situation of children in domestic work in Panama”, 57 per cent of child workers between the ages of 10 and 17 years were engaged in agriculture, 11 per cent in domestic work and 14 per cent in commercial activities. The Committee observed that the above statistics showed that the application of the regulations on child labour appeared to be difficult in practice and that child labour was a problem in the country. It requested the Government to provide information on the measures adopted or envisaged to harmonize progressively the de facto situation and the law.

The Committee takes due note of the detailed information provided by the Government in its report. According to the Government, although these activities expose them to major risk factors, in Panama children and young persons work in the streets, packing in supermarkets, as rubbish collectors, car washers, in agricultural activities (coffee and tomato plantations and watermelon fields), other informal sector activities such as the sale of flowers and fruit or engage in begging with a view to survival. The Government however indicates that it is taking a large number of measures to eliminate child labour and its worst forms. In this respect, the Committee notes the Government is implementing a number of programmes of action in collaboration with ILO/IPEC concerning, among others, child domestic work, agricultural work, hazardous types of work and work by indigenous children. The Committee further notes the information provided by the Government on the consultations held by the safety and health service to combat child labour in hazardous and unhealthy activities, including public awareness-raising activities on child labour in collaboration with the actors concerned by hazardous forms of child labour. It further notes with interest the new National Plan for the Elimination of Child Labour and the Protection of Young Workers (2007–11). The Committee greatly appreciates the measures taken by the Government to abolish child labour, and considers these measures to be an affirmation of the political will to develop strategies to combat these problem. It therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the implementation of the projects and the new National Plan referred to above, as well as the results obtained in terms of the progressive abolition of child labour.

Article 2, paragraph 2. Raising the minimum age for admission to employment or work initially specified. With reference to its previous comments, the Committee notes that the Bill for the protection of children and young persons contains a provision raising the minimum age for admission to employment or work from 14 to 15 years. In this respect, it once again draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention envisages the possibility, for a State which decides to raise the minimum age for admission to employment or work initially specified, to notify the Director-General of the International Labour Office by a further declaration. In this way, the age determined by the national legislation can be harmonized with that envisaged at the international level. The Committee requests the Government to provide information on the raising of the minimum age for admission to employment or work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the adoption of Executive Decree No. 302 of 30 April 2004 issuing the Education Act No. 47 of 1946. It notes that, under the terms of section 75 of Executive Decree No. 302 of 30 April 2004, no child under 15 years of age may perform work or any activity whatsoever which would prevent her or him from attending school regularly.

Article 3, paragraph 3. Authorization to employ young persons from the age of 16 years on hazardous types of work. In its previous comments, the Committee noted that, under the terms of section 118 of the Labour Code and section 510 of the Family Code, hazardous work was prohibited for young persons under 18 years of age, in accordance with Article 3, paragraph 1, of the Convention. However, it also noted that, under section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not apply to work performed by minors in training establishments when the work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air and inland waterways and work on quays and vessels and in warehouses; work related to the production, processing and supply of energy; the handling of explosive and inflammable substances; and underground work in mines, quarries, tunnels or sewers. On the one hand, the Committee reminded the Government of the provisions of Article 6 of the Convention concerning vocational training and education and those of Article 3, paragraph 3, of the Convention, respecting work by young persons as from 16 years of age in hazardous activities. It requested the Government to provide information on the measures adopted or envisaged to ensure that no one under 16 years of age working in a training establishment may be authorized, under section 118(2) of the Labour Code and section 510(2) of the Family Code to perform a hazardous activity.

The Committee notes the information provided by the Government concerning the low percentage of children who, according to the statistics contained in the survey on child labour carried out in 2000 by the Directorate of Statistics and Census and SIMPOC and published by ILO/IPEC in March 2003, who are in the situation of performing hazardous types of work in a training context. The Committee notes with interest the adoption of Executive Decree No. 19 of 12 June 2006 approving the list of hazardous types of child labour, in the context of the worst forms of child labour. It further notes that section 97 of the Bill on the protection of children and young persons contains a list of hazardous types of work prohibited for young persons under 18 years of age. The Committee observes that neither Executive Decree No. 19 of 12 June 2006 nor the Bill to protect children and young persons envisage the repeal or amendment of section 118(2) of the Labour Code and section 510(2) of the Family Code. The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. In view of the above, the Committee hopes that, in the context of the current process of regulating the rights of children, the Government will envisage the possibility of repealing or amending section 118(2) of the Labour Code and section 150(2) of the Family Code so as to bring them into conformity with the provisions of Article 3, paragraph 3, of the Convention. It requests the Government to provide information in this respect.

Article 8. Artistic performances. The Committee requested the Government previously to provide copies of the regulations adopted by the National Council for the Family and Minors under section 510(1)(8) of the Family Code, which prohibits the use of minors under 18 years of age in artistic performances. The Committee notes the information provided by the Government that the national legislation does not regulate this subject, but that the Ministry of Social Development, in collaboration with the Communication Directorate of the Ministry of Governance and Justice, is studying the relevant provisions and the possibility of adopting legislation that is applicable in this field. The Committee requests the Government to provide information on any progress achieved in this respect.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes with interest that the Government is cooperating with ILO/IPEC in order to eliminate child labour and signed a memorandum of understanding to this end in 1966. It further notes the Government’s statement that in 1997 it established the Committee for the Elimination of Child Labour and the Protection of Working Minors (Decree No. 25 of 15 April 1997) which is composed of some 18 bodies representing Government, employers, workers and civil society, ILO/IPEC in an advisory capacity, other United Nations agencies and international cooperation bodies. The committee’s role is to coordinate policies and programmes for improving the working conditions of minors and to prevent child labour. Its objective is to develop coordination and cooperation between the various bodies involved. The Committee notes the National Action Plan of 1998-99 to eliminate child labour sent by the Government in its report. It also notes that the abovementioned committee is involved in the drafting, monitoring and evaluation and implementation of the action plan for the gradual elimination of child labour and the protection of working minors.

The Committee notes that the Ministry of Labour has established a child labour programme (Programa de Atención al Trabajo Infantil), which is headed by the department in charge of child labour of the National Directorate of the Labour Inspectorate. The aims of the programme include: enforcement of the Labour Code, the Family Code, Conventions Nos. 138 and 182 and the relevant provisions of the Constitution; inspecting workplaces in order to check, by interviews with minors and employers, the work permits and contracts, wages, types of work performed, social security lists, working hours and other aspects of the work done by minors; to train inspectors in the use of the labour information system (SIL); to identify young people who are working without authorization; and to request the imposition of penalties on enterprises which fail to apply child labour standards. The Committee notes the detailed information supplied by the Government in its report showing the Government’s efforts to eliminate child labour. It encourages the Government to continue to provide information on the various projects under way and their effects on the application of the Convention.

The Committee notes the information supplied by the Government in its report for 2003 to the effect that under the Country Programme to Combat the Worst Forms of Child Labour in Panama (2000-05) a new national plan to eliminate child labour will be drawn up. The Government is asked to provide a copy of the plan as soon as it has been drafted.

Article 2. 1. Minimum age for admission to employment in the maritime sector. The Committee notes from the information sent by the Government in its report that resolution ADM No. 063-2002 of 16 April 2001, adopted by the Maritime Authority of Panama (AMP), amends section 36 of resolution No. 603-04-62 ALCN of 30 June 1985 by raising from 15 to 17 years the minimum age for admission on board vessels of the national merchant navy.

2. Specification of a minimum age of 14 years. The Committee notes that on ratifying the Convention, Panama specified a minimum age of 14 years for admission to employment or work, pursuant to Article 2, paragraph 4, of the Convention. It notes from the information in the Government’s report that the laws determining the minimum age of 14 years, namely the Constitution, the Labour Code and the Family Code, were adopted after consultation with all sectors of society, including employers’ and workers’ organizations. The Committee requests the Government to provide information in future reports on the reasons for its decision to maintain a minimum age of 14 years, under Article 2, paragraph 5, of the Convention.

3. Specification of a minimum age higher than that previously specified. The Committee notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) submitted to the Committee on the Rights of the Child, which will be examined at the latter’s session of May 2004, the Government indicates that the minimum age for admission to employment or work is 15 years (Article 2, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). It also notes that section 1 of Act No. 17 of 15 June 2000 approves Convention No. 138. The Committee requests the Government to indicate whether it plans to raise the minimum age for admission to employment or work from 14 to 15 years, and points out in this connection that Article 2, paragraph 2, of the Convention provides that a member State which decides to raise the minimum age for admission to employment or work initially specified may so inform the Director-General of the International Labour Office by a further declaration.

4. Age of completion of compulsory schooling. The Committee notes that, according to the Government, under the new study programme of the Ministry of Education (basic education), girls and boys must complete nine years of schooling, i.e. at 14 years of age, in accordance with the minimum age laid down by the National Constitution of the Republic, the Labour Code and the Family Code. The Committee observes that 14 years is also the minimum age for admission to employment or work specified by Panama upon ratifying the Convention. It notes that, under section 117(2) of the Labour Code, it is prohibited to employ minors under 15 years of age who have not completed their compulsory schooling. The Committee requests the Government to provide a copy of the provisions regulating the age of completion of compulsory schooling.

Article 3. Hazardous work. The Committee notes that according to section 118 of the Labour Code and section 510 of the Family Code, any work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons or which impairs school attendance, is prohibited for minors under 18 years of age, in accordance with Article 3, paragraph 1, of the Convention. However, under section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not apply to work done by minors in training establishments when the work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air and inland waterways and work on quays and vessels and in warehouses; work related to the production, processing and supplying of energy; the handling of explosive and flammable substances; and underground work in mines, quarries, tunnels or sewers.

The Committee reminds the Government that according to Article 6, the Convention does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authorities; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee also recalls that by virtue of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under 16 years of age working in a training establishment may be authorized under section 118(2) of the Labour Code and section 510(2) of the Family Code to perform the abovementioned hazardous activities.

The Committee further notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) to the Committee on the Rights of the Child, the Government indicates that if the safety, health and morals of the young persons are ensured, the age of admission to hazardous work is 16 years (Article 3, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). The Committee requests the Government to indicate whether this means that the Government intends to avail itself of the exception provided for in Article 3, paragraph 3, of the Convention and, if so, to report on the measures taken or envisaged to ensure that the requirements set in this provision are met.

The Committee notes the adoption of Decree No. 279 of 24 September 2003 which creates a safety and health service in order to combat child labour in dangerous and insalubrious activities. The service is headed by the Ministry of Labour and Employment Development (MITRADEL) and its purpose is to set up the necessary coordination and cooperation between all those concerned by child labour, with a view to exchanging information and experience allowing the development of activities to eliminate child labour. The service is also to formulate and disseminate directives to identify, evaluate and promote measures to remedy the employment of children in dangerous and insalubrious activities. The Committee also notes the final draft sent by the Government with its second report which deals with the objectives, operation criteria and coordination mechanisms of the abovementioned service. The Committee requests the Government to provide information on the activities of the safety and health service to combat child labour in dangerous and insalubrious activities.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that upon ratifying the Convention Panama declared that it would initially limit the scope of application of the Convention to the branches of economic activity or types of undertakings listed in Article 5, paragraph 3, of the Convention, namely: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantation and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Government further stated in its declaration that it accepted the obligations of Convention No. 138 for agriculture. The Committee would be grateful if the Government would provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of this Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Noting the efforts made by the Government with support from ILO/IPEC in the area of domestic work by children, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 7. Light work. The Committee notes that section 199 of the Labour Code allows minors 12 to 15 years of age employed on farms to undertake only light work outside school hours. It also notes that according to sections 509 and 716 of the Family Code, minors of 12 to 14 years of age may do agricultural work in accordance with the Labour Code regulations on hours of work, wages, contracts and the types of work. The Committee notes that other than the conditions of employment for normal work (sections 30-97), the Labour Code makes no provision for employment conditions to govern the performance of light work by minors 12 to 14 years of age. The Committee reminds the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws and regulations may permit the employment or work of persons 12 to 14 years of age on light work or the performance of such work by such persons on condition that the work is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall prescribe the number of hours during which and the conditions in which light work may be undertaken. The Committee notes that according to the documents appended to the Government’s report, in practice most young persons work in the agricultural sector. It accordingly requests the Government to provide information on the measures taken or envisaged to ensure that persons 12 to 14 years of age who are permitted to perform light work on farms are employed in accordance with the requirements established in Article 7, paragraph 1, of the Convention. It also asks the Government to provide information on the number of hours during which and the conditions in which, light work may be undertaken.

Article 8. Artistic performances. The Committee notes that, according to the information contained in the report, the Government has not availed itself of this provision of the Convention. It notes, however, that section 510(1)(8) of the Family Code prohibits the use of minors under 18 years of age in public performances, films, theatre, cinema advertising, radio, television or any other activity that impairs their dignity or morals, according to regulations laid down by the National Council for the Family and Minors. The Committee requests the Government to provide copies of regulations adopted by the National Council for the Family and Minors pursuant to section 510(1)(8) of the Family Code and to provide information on the practical effect given to this provision.

Part V of the report form. The Committee notes the national report on child labour produced by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) published by ILO/IPEC in March 2003. According to the statistical information contained in the report, 57,524 minors (7.6 per cent) of 5 to 17 years participate in economic activity. Of these, 47,976 (83 per cent) stated that they work. According to the same report, 25,273 minors work in agriculture. According to a report published in 2002 by IPEC giving a rapid evaluation of the situation of children in domestic work in Panama, 57 per cent of child workers 10 to 17 years of age are employed in agriculture, 11 per cent in domestic work and 14 per cent in commercial activities.

The Committee observes that the abovementioned statistics show that application of the regulations on child labour appears to be difficult in practice and that child labour is a problem. It notes in this connection that, according to the documents appended to the Government’s report, there is child labour in the following sectors in particular: agriculture, including the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work. It invites the Government to indicate the precise measures taken or envisaged to harmonize progressively the de facto situation and the law. It accordingly asks the Government to continue to provide detailed information on the practical application of the Convention, such as statistical data on the employment of children and young persons, extracts from labour inspection reports, particularly on visits carried out in agricultural sectors such as the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work.

The Committee notes the information contained in the Government’s report to the effect that the Ministry of Youth, Women, Children and the Family has prepared a draft code on comprehensive protection. It requests the Government to provide information on developments in this respect.

CMNT_TITLE

The Committee notes the detailed information supplied by the Government in its first and second reports.

Article 1 of the Convention. The Committee notes with interest that the Government is cooperating with ILO/IPEC in order to eliminate child labour and signed a memorandum of understanding to this end in 1966. It further notes the Government’s statement that in 1997 it established the Committee for the Elimination of Child Labour and the Protection of Working Minors (Decree No. 25 of 15 April 1997) which is composed of some 18 bodies representing Government, employers, workers and civil society, ILO/IPEC in an advisory capacity, other United Nations agencies and international cooperation bodies. The committee’s role is to coordinate policies and programmes for improving the working conditions of minors and to prevent child labour. Its objective is to develop coordination and cooperation between the various bodies involved. The Committee notes the National Action Plan of 1998-99 to eliminate child labour sent by the Government in its report. It also notes that the abovementioned committee is involved in the drafting, monitoring and evaluation and implementation of the action plan for the gradual elimination of child labour and the protection of working minors.

The Committee notes that the Ministry of Labour has established a child labour programme (Programa de Atención al Trabajo Infantil), which is headed by the department in charge of child labour of the National Directorate of the Labour Inspectorate. The aims of the programme include: enforcement of the Labour Code, the Family Code, Conventions Nos. 138 and 182 and the relevant provisions of the Constitution; inspecting workplaces in order to check, by interviews with minors and employers, the work permits and contracts, wages, types of work performed, social security lists, working hours and other aspects of the work done by minors; to train inspectors in the use of the labour information system (SIL); to identify young people who are working without authorization; and to request the imposition of penalties on enterprises which fail to apply child labour standards. The Committee notes the detailed information supplied by the Government in its report showing the Government’s efforts to eliminate child labour. It encourages the Government to continue to provide information on the various projects under way and their effects on the application of the Convention.

The Committee notes the information supplied by the Government in its report for 2003 to the effect that under the Country Programme to Combat the Worst Forms of Child Labour in Panama (2000-05) a new national plan to eliminate child labour will be drawn up. The Government is asked to provide a copy of the plan as soon as it has been drafted.

Article 2. 1. Minimum age for admission to employment in the maritime sector. The Committee notes from the information sent by the Government in its report that resolution ADM No. 063-2002 of 16 April 2001, adopted by the Maritime Authority of Panama (AMP), amends section 36 of resolution No. 603-04-62 ALCN of 30 June 1985 by raising from 15 to 17 years the minimum age for admission on board vessels of the national merchant navy.

2. Specification of a minimum age of 14 years. The Committee notes that on ratifying the Convention, Panama specified a minimum age of 14 years for admission to employment or work, pursuant to Article 2, paragraph 4, of the Convention. It notes from the information in the Government’s report that the laws determining the minimum age of 14 years, namely the Constitution, the Labour Code and the Family Code, were adopted after consultation with all sectors of society, including employers’ and workers’ organizations. The Committee requests the Government to provide information in future reports on the reasons for its decision to maintain a minimum age of 14 years, under Article 2, paragraph 5, of the Convention.

3. Specification of a minimum age higher than that previously specified. The Committee notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) submitted to the Committee on the Rights of the Child, which will be examined at the latter’s session of May 2004, the Government indicates that the minimum age for admission to employment or work is 15 years (Article 2, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). It also notes that section 1 of Act No. 17 of 15 June 2000 approves Convention No. 138. The Committee requests the Government to indicate whether it plans to raise the minimum age for admission to employment or work from 14 to 15 years, and points out in this connection that Article 2, paragraph 2, of the Convention provides that a member State which decides to raise the minimum age for admission to employment or work initially specified may so inform the Director-General of the International Labour Office by a further declaration.

4. Age of completion of compulsory schooling. The Committee notes that, according to the Government, under the new study programme of the Ministry of Education (basic education), girls and boys must complete nine years of schooling, i.e. at 14 years of age, in accordance with the minimum age laid down by the National Constitution of the Republic, the Labour Code and the Family Code. The Committee observes that 14 years is also the minimum age for admission to employment or work specified by Panama upon ratifying the Convention. It notes that, under section 117(2) of the Labour Code, it is prohibited to employ minors under 15 years of age who have not completed their compulsory schooling. The Committee requests the Government to provide a copy of the provisions regulating the age of completion of compulsory schooling.

Article 3. Hazardous work. The Committee notes that according to section 118 of the Labour Code and section 510 of the Family Code, any work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons or which impairs school attendance, is prohibited for minors under 18 years of age, in accordance with Article 3, paragraph 1, of the Convention. However, under section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not apply to work done by minors in training establishments when the work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air and inland waterways and work on quays and vessels and in warehouses; work related to the production, processing and supplying of energy; the handling of explosive and flammable substances; and underground work in mines, quarries, tunnels or sewers.

The Committee reminds the Government that according to Article 6, the Convention does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authorities; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee also recalls that by virtue of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under 16 years of age working in a training establishment may be authorized under section 118(2) of the Labour Code and section 510(2) of the Family Code to perform the abovementioned hazardous activities.

The Committee further notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) to the Committee on the Rights of the Child, the Government indicates that if the safety, health and morals of the young persons are ensured, the age of admission to hazardous work is 16 years (Article 3, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). The Committee requests the Government to indicate whether this means that the Government intends to avail itself of the exception provided for in Article 3, paragraph 3, of the Convention and, if so, to report on the measures taken or envisaged to ensure that the requirements set in this provision are met.

The Committee notes the adoption of Decree No. 279 of 24 September 2003 which creates a safety and health service in order to combat child labour in dangerous and insalubrious activities. The service is headed by the Ministry of Labour and Employment Development (MITRADEL) and its purpose is to set up the necessary coordination and cooperation between all those concerned by child labour, with a view to exchanging information and experience allowing the development of activities to eliminate child labour. The service is also to formulate and disseminate directives to identify, evaluate and promote measures to remedy the employment of children in dangerous and insalubrious activities. The Committee also notes the final draft sent by the Government with its second report which deals with the objectives, operation criteria and coordination mechanisms of the abovementioned service. The Committee requests the Government to provide information on the activities of the safety and health service to combat child labour in dangerous and insalubrious activities.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that upon ratifying the Convention Panama declared that it would initially limit the scope of application of the Convention to the branches of economic activity or types of undertakings listed in Article 5, paragraph 3, of the Convention, namely: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantation and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Government further stated in its declaration that it accepted the obligations of Convention No. 138 for agriculture. The Committee would be grateful if the Government would provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of this Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Noting the efforts made by the Government with support from ILO/IPEC in the area of domestic work by children, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 7. Light work. The Committee notes that section 199 of the Labour Code allows minors 12 to 15 years of age employed on farms to undertake only light work outside school hours. It also notes that according to sections 509 and 716 of the Family Code, minors of 12 to 14 years of age may do agricultural work in accordance with the Labour Code regulations on hours of work, wages, contracts and the types of work. The Committee notes that other than the conditions of employment for normal work (sections 30-97), the Labour Code makes no provision for employment conditions to govern the performance of light work by minors 12 to 14 years of age. The Committee reminds the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws and regulations may permit the employment or work of persons 12 to 14 years of age on light work or the performance of such work by such persons on condition that the work is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall prescribe the number of hours during which and the conditions in which light work may be undertaken. The Committee notes that according to the documents appended to the Government’s report, in practice most young persons work in the agricultural sector. It accordingly requests the Government to provide information on the measures taken or envisaged to ensure that persons 12 to 14 years of age who are permitted to perform light work on farms are employed in accordance with the requirements established in Article 7, paragraph 1, of the Convention. It also asks the Government to provide information on the number of hours during which and the conditions in which, light work may be undertaken.

Article 8. Artistic performances. The Committee notes that, according to the information contained in the report, the Government has not availed itself of this provision of the Convention. It notes, however, that section 510(1)(8) of the Family Code prohibits the use of minors under 18 years of age in public performances, films, theatre, cinema advertising, radio, television or any other activity that impairs their dignity or morals, according to regulations laid down by the National Council for the Family and Minors. The Committee requests the Government to provide copies of regulations adopted by the National Council for the Family and Minors pursuant to section 510(1)(8) of the Family Code and to provide information on the practical effect given to this provision.

Part V of the report form. The Committee notes the national report on child labour produced by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) published by ILO/IPEC in March 2003. According to the statistical information contained in the report, 57,524 minors (7.6 per cent) of 5 to 17 years participate in economic activity. Of these, 47,976 (83 per cent) stated that they work. According to the same report, 25,273 minors work in agriculture. According to a report published in 2002 by IPEC giving a rapid evaluation of the situation of children in domestic work in Panama, 57 per cent of child workers 10 to 17 years of age are employed in agriculture, 11 per cent in domestic work and 14 per cent in commercial activities.

The Committee observes that the abovementioned statistics show that application of the regulations on child labour appears to be difficult in practice and that child labour is a problem. It notes in this connection that, according to the documents appended to the Government’s report, there is child labour in the following sectors in particular: agriculture, including the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work. It invites the Government to indicate the precise measures taken or envisaged to harmonize progressively the de facto situation and the law. It accordingly asks the Government to continue to provide detailed information on the practical application of the Convention, such as statistical data on the employment of children and young persons, extracts from labour inspection reports, particularly on visits carried out in agricultural sectors such as the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work.

The Committee notes the information contained in the Government’s report to the effect that the Ministry of Youth, Women, Children and the Family has prepared a draft code on comprehensive protection. It requests the Government to provide information on developments in this respect.