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Article 3 of the Convention. Worst forms of child labour. Clause (a). 
Sale and trafficking of children for sexual exploitation. Following its previous comments, the Committee notes that Act No. 14 of 18 May 2007, as amended by Act No. 26 of 21 May 2008, establishes the new Penal Code (new Penal Code) and repeals the old Penal Code. It notes that the new Penal Code punishes the sale of children for purposes of sexual and labour exploitation (section 202) and the internal and international trafficking of children for purposes of sexual exploitation and sexual servitude (sections 177 and 179). The Committee notes that, according to the final technical progress report of the
ILO–IPEC regional project “Stop the exploitation. Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO–IPEC regional project against CSEC), the Attorney-General’s Office established specialized prosecutors in crimes against decency, integrity, sexual liberty and trafficking in persons. It finally notes the statistics provided by the Government on the investigations carried out between 2007 and 2009 by the Department of Investigation of the Directorate of Judicial Investigation on crimes against commercial sexual exploitation: 20 cases concerned the sale of persons for commercial sexual exploitation and ten cases concerned trafficking. No children were victims of these offences. The Committee requests the Government to continue to provide information of the practical application of the provisions of the new Penal Code on the sale and trafficking of children for commercial sexual exploitation, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Clause (c) and Article 7(1). Use, procuring or offering of a child for illicit activities, and penalties. In its previous comments, the Committee requested the Government to take measures to establish penalties for the violation of the prohibition on using, procuring or offering of a child for illicit activities.

The Committee notes that section 312 of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes anyone who trades, purchases, sells or transfers drugs by penalties of up to 30 years’ imprisonment, when a child under 18 years is used to commit the offence. The Committee requests the Government to provide information on the practical application of the provisions which prohibit the use, procuring or offering of a child for illicit activities, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Article 6(1). Programmes of action. 1. Developing a road map to make Central America, Panama and the Dominican Republic a child-labour free zone. The Committee notes with interest that Panama in collaboration with ILO–IPEC launched the project “Developing a road map to make Central America, Panama, and the Dominican Republic a child-labour free zone” (road map), which is a component of the project “Encouraging a work-related enforcement culture” (2008–09). The road map is the strategic national framework to achieve the objectives established in the Decent Work Hemispheric Agenda of eliminating the worst forms of child labour by 2015 and eliminating child labour by 2020. The Committee requests the Government to provide information on the implementation of the road map and results achieved.

2. National plan for the prevention and elimination of the commercial sexual exploitation of children. The Committee notes the Government’s information that the national plan for the prevention and elimination of the commercial sexual exploitation of children 2008–10 (national plan against CSEC) developed by the National Committee for the Prevention of Sexual Exploitation Crimes (CONAPREDES), has been adopted. The national plan against CSEC focuses on prevention, assistance to victims, investigation, enforcement and the strengthening of CONAPREDES. The CONAPREDES has carried out various activities to prevent and eliminate the commercial sexual exploitation of children. These include: coordination at the inter-institutional and inter-sectoral levels; the involvement of various actors, such as journalists, the tourist sector and the University of Panama, in the fight against commercial sexual exploitation; awareness-raising activities and training of concerned stakeholders on commercial sexual exploitation. The Committee requests the Government to provide information on the programmes of action for the elimination of the worst forms of child labour undertaken in the context of the implementation of the national plan against CSEC and results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 
1. National plan against child labour and ILO–IPEC country programme. The Committee previously noted that the national plan for the elimination of child labour and the protection of young workers 2007–11 (national plan against child labour) was adopted. It also noted that phase II of the ILO–IPEC project for the prevention and elimination of the worst forms of child labour in Panama
(ILO–IPEC country programme) was being carried out and targeted 1,500 children. The ILO–IPEC country programme was intended to support the national plan against child labour.

The Committee notes the detailed information provided by the Government on the results of the ILO–IPEC country programme, which ended in September 2009. The Committee also notes that, according to the final technical progress report of September 2009 of the ILO–IPEC country programme, 843 children were prevented from engaging in child labour and 890 children were withdrawn from child labour through the provision of educational services and other training opportunities. The Committee also notes the Government’s information on the results of the three action programmes carried out in the context of phase II of the ILO–IPEC country programme in the rural and urban indigenous areas of Panama Oeste, Distrito de la Chorrera, Santiago de Veraguas and the Ngöbe-Buglé Territory. The execution of these action programmes was carried out by the NGOs FUNDESPA and Casa Esperanza and focused on: awareness raising on child labour among teachers; support classes for children withdrawn from the worst forms of child labour; nutrition during school; medical assistance; scholarships or educational grants; provision of school tools.

2. Action programme for the prevention and elimination of child labour in the provinces of Panama and Colon 2008–13. The Committee notes the Government’s information that the Action programme for the prevention and elimination of child labour in the provinces of Panama and Colon 2008–13 (PAD/PC) financed with national funds was developed in collaboration with
ILO–IPEC, which is aimed at withdrawing and preventing 5,000 children between 5 and 15 years from child labour (2,500 children targeted in 2008 and 2,500 children targeted in 2009). The PAD/PC mainly focuses on education as a means to prevent and combat the worst forms of child labour. The services provided under the PAD/PC are offered by a network of public institutions which coordinate with each other, such as the Ministry of Social Development (MIDES), the Ministry of Education (MEDUCA), the Institute for Training and Better Use of Human Resources (IFARHU), the Ministry of Labour (MITRADEL) and the Ministry of Health (MINSA). The Committee notes the Government's information that the PAD/PC has been extended to the provinces of Chiriquí and Veraguas as well as to different educational areas of Panama and Colon. The Committee requests the Government to continue to provide information on the implementation of the action programme in the provinces of Panama and Colon and results achieved in terms of the number of children prevented from and withdrawn from child labour, especially from its worst forms.

3. Commercial sexual exploitation. Following its previous comments, the Committee notes that, according to the final technical progress report of the
ILO–IPEC regional project against CSEC, 84 children were prevented from commercial sexual exploitation and 88 children were withdrawn from this worst form of child labour in Panama. The majority of children assisted were girls. The Committee further notes the Government’s information on the various activities carried out to prevent commercial sexual exploitation and rehabilitate child victims of this worst form of child labour. Preventive measures mainly include: (a) awareness raising and training of officials and other actors concerned on commercial sexual exploitation; and (b) establishment of agreements with relevant stakeholders to involve them in the fight against commercial sexual exploitation. Measures to remove children from commercial sexual exploitation, rehabilitate them and socially integrate them include: (a) phase II of the action programme to assist child and adolescent victims of commercial sexual exploitation, which is being carried out by the NGO Casa Esperanza in collaboration with ILO–IPEC (40 child victims were identified in phase I and are being assisted; 26 new cases were identified in phase II and are being followed up); and (b) the development of the protocol for care of child and adolescent victims of commercial sexual exploitation, and dissemination and training on it. The Committee welcomes the measures taken by the Government and requests it to continue to take effective and time-bound measures to prevent children from becoming engaged in, as well as to remove them from, commercial sexual exploitation and ensure their rehabilitation and social integration. It also requests the Government to provide information on results achieved in this regard.

Clauses (a) and (c). Access to free basic education, including for children removed from the worst forms of child labour. The Committee previously noted that in 2006, the IFARHU provided over 1,500 educational grants with a view to affording assistance to actions targeted at eliminating child labour. In this respect, it noted that in March 2006, a four-year cooperation agreement was concluded between the Committee for the Eradication of Child Labour and Protection of the Adolescent Worker (CETIPATT) and the IFARHU, with the objective of facilitating economic assistance to child workers to encourage them to continue their studies.

The Committee notes with interest that the Government is taking, in the context of the implementation of the ILO–IPEC country programme, wide‑ranging measures targeting children working or at-risk of working aimed at promoting education as a means to contribute to the eradication of poverty and child labour, including its worst forms, especially through the provision of cash transfers, which are in some instances subject to the condition that children stop working and attend school. Examples of these measures are: (a) the Eradication of Child Labour Scholarships Programme carried out by the IFARHU following the 2006 agreement (9,326 scholarships were awarded between 2006 and 2009); (b) the “Opportunities” programme carried out by the MIDES (in 2009, a total of 4,105 child workers from families in extreme poverty were reported to have benefited from the programme; in 2008, 313,733 families were reported to have benefited from the programme); (c) the Educational Promotion Programme (carried out by the Insurance Company Assa); (d) the Solidarity Day Programme (targeting 120 young workers and carried out by the enterprise UNION FENOSA and CETIPPAT); (e) the support classes and other educational services under the PAD/PC (2,250 children in 58 schools benefited from the programme in 2008 and 557 support classes were organized). The Committee further notes that according to the final technical progress report of September 2009 of the ILO–IPEC country programme, 890 children were removed from the worst forms of child labour and reintegrated in school. It also notes that, according to the same source, by June 2009, 20,000 children and young people in extreme poverty had entered the educational system and 5,600 were removed from child labour and enrolled in school. The Committee welcomes the measures taken by the Government and requests it to continue to provide information on the implementation of the educational plans and measures referred to above, particularly with regard to the number of children who have been enrolled in basic education or have followed pre-vocational or vocational training as a way to prevent them from being involved in the worst forms of child labour, as well as on the number of children who, after their removal from work, have in practice been integrated into basic education or have followed pre-vocational or vocational training.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted the information provided by the Government concerning the project for the prevention and elimination of the worst forms of child labour in Central America and the Dominican Republic. It noted that in the context of this project direct action targeted over 13,800 children and made it possible to prevent the engagement of children in domestic work and to remove them from such work. Noting that the Government’s report contains no information on further measures taken to protect child domestic workers from the worst forms of child labour, the Committee requests the Government to provide information on this point.

Article 8. International cooperation. Commercial sexual exploitation. The Committee previously noted that the ILO–IPEC regional project against CSEC envisages the strengthening of horizontal collaboration between the countries participating in the project. The Committee notes that, according to the final technical progress report of July 2009 of the ILO–IPEC regional project against CSEC, horizontal collaboration between countries participating in the project was strengthened, inter alia, through: developing a regional database with approximately 400 institutions working on the theme of commercial sexual exploitation of children; exchanging information between district attorneys and police officers on sexual crimes and experiences in police investigation methods; and supporting the stakeholders concerned (such as migration offices, the Commission of Central American Chiefs of Police, and the INTERPOL subregional office) in the common fight against trafficking and commercial sexual exploitation of children. The Committee requests the Government to continue to take measures to cooperate at the regional and international levels in order to eliminate the commercial sexual exploitation of children. It also requests it to provide information on further measures taken in this regard and results achieved.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, in the context of the implementation of the national plan against child labour and the ILO–IPEC country programme, a child labour survey was carried out in 2008, which shows that 89,767 children between 5 and 17 years of age work. The next survey is planned for 2010. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour.

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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 3 of the Convention. Worst forms of child labour. Clause (a) and Article 7(1). Forced or compulsory recruitment of children for use in armed conflict, and penalties. The Committee requested the Government to provide information on the measures taken to establish penalties for the violation of the prohibition on the forced or compulsory recruitment of children for use in armed conflict.

The Committee notes with satisfaction that the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes by up to 12 years’ imprisonment anyone who recruits children under 18 years or uses them to participate actively in hostilities (section 439).

Clause (b) and Article 7(1). Using, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances, and penalties. The Committee previously requested the Government to provide information on the measures taken to establish penalties for the violation of the prohibition on using, procuring or offering of a child for prostitution.

The Committee notes with satisfaction that section 176-A of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes pimping by penalties of up to ten years’ imprisonment when the victim is under 18 years. It further notes that the new Penal Code punishes child pornography (sections 180, 181, 183–185) and sexual tourism involving children (section 186). The Committee also notes the Government’s information that the penalties for child pornography and sexual tourism involving minors have been increased. Finally, the Committee notes the Government’s information that 53 cases concerning child pornography were investigated between 2006 and 2009. The Committee requests the Government to continue to provide information of the practical application of the above provisions of the new Penal Code and of Act No. 22 of 2007, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Articles 5 and 7(1). Monitoring mechanisms and effective application of the Convention. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that labour inspections had increased remarkably during the period 2006–08 where 1,830 violations were detected by the labour inspectorate. However, of the 1,830 cases, only eight resulted in penalties being applied to the offenders, while 31 are pending before the judiciary. According to the Government, this situation shows a lack of coordination between the activities of the labour inspectorate and the judiciary. The Committee notes that while the number of violations detected by the labour inspectorate was quite high between 2006 and 2008 (1,830 cases), the number of cases in which penalties were applied was low (eight cases). The Committee reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions of the Convention, including through the provision and application of sufficiently effective and dissuasive penal sanctions. It requests the Government to redouble its efforts to strengthen the capacity of the law enforcement agencies, in order to ensure that the perpetrators are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children. The Committee notes the FENASEP’s comment that, according to the newspaper La Prensa, in Chiriquí there is a network which traffics children to make them beg. By September 2009, 28 child beggars were identified in the urban area of David. The Committee notes the Government’s information that the National Office for Children and Young Persons (SENIAF) created the Office for assisting and protecting street children in situation of exploitation, which is in charge of developing programmes to assist these children. It further notes the Government’s information that 52 children and adolescents were removed from the street in 2008 and 57 in 2009. In 2009, 24 of the children who were removed from the street in 2008 and 39 of the children who were removed from the street in 2009, were selected for admission to the scholarships provided by the Institute for Training and Better Use of Human Resources (IFARHU) and the Committee for the Eradication of Child Labour and Protection of the Adolescent Worker (CETIPPAT). Moreover, one family was included under the “Opportunities” conditional cash transfer programme, which is aimed at helping families in situations of extreme poverty by providing them with financial allowances subject to the condition that children of beneficiary families attend school. The Committee requests the Government to continue to take measures to remove children from the streets and provide for their rehabilitation and social integration, and to continue to provide information on the number of children removed from the streets and given education pursuant to the implementation of programmes and projects such as the abovementioned ones.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the Government’s report and the many documents attached. In particular, it notes the detailed information on the various projects and programmes of action implemented in the country with a view to eliminating the worst forms of child labour, including commercial sexual exploitation and hazardous work.

Article 3 of the Convention. The worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children for sexual exploitation and the use, procuring or offering of a child for the production of pornography or for pornographic performances. With reference to its previous comments, the Committee notes with interest the adoption of Act No. 16 of 31 March 2004, issuing certain provisions for the prevention and classification of offences against sexual integrity and freedom, amending sections of the Penal Code and the Judicial Code (Act No. 16 of 31 March 2004). In particular, it notes that, under sections 231 and 231A of the Penal Code, as added by Act No. 16 of 31 March 2004, the international and internal trafficking of persons for sexual exploitation or for the maintenance of those persons in servitude are prohibited. Furthermore, it notes that sections 231E and 231G of the Penal Code, as added by Act No. 16 of 31 March 2004, prohibit the use of a minor for the production of pornography or for sexual tourism. The Committee requests the Government to provide information on the effect given in practice to the new provisions, including statistics on the number and nature of the violations reported, the investigations carried out, prosecutions, convictions and penal sanctions applied.

Clauses (a), (b) and (c). Debt bondage, serfdom and forced or compulsory labour; forced or compulsory recruitment of children for use in armed conflict; and the use, procuring or offering of a child for prostitution or for illicit activities. In its previous comments, the Committee noted that certain provisions of the national legislation, although prohibiting debt bondage, servitude and forced or compulsory labour, the forced or compulsory recruitment of children for use in armed conflict, and the use, procuring or offering of a child for prostitution or for illicit activities, do not establish any penalty for violations. It requested the Government to provide information on the measures adopted or envisaged for this purpose. The Committee notes the information provided by the Government to the effect that sections 87–91 and 94 of the Bill for the integral protection of children and young persons contain provisions prohibiting these worst forms of child labour. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information in this respect.

Article 4, paragraphs 1 and 3. Determination and periodical revision of the list of hazardous types of work determined. With reference to its previous comments, the Committee notes with interest the adoption of Executive Decree No. 19 of 12 June 2006 approving a detailed list of types of hazardous work for children in the context of the worst forms of child labour. It further notes that this list was adopted following a national tripartite consultation, which also included specialists on labour matters and health and safety.

Article 6, paragraph 1. Programmes of action. The Committee notes with interest the new National Plan for the Elimination of Child Labour and the Protection of Young Workers (2007–11). The Committee requests the Government to provide information on the programmes of action established in the context of the National Plan referred to above, and on the results achieved in terms of the elimination of the worst forms of child labour through the implementation of the National Plan.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the project for the prevention and elimination of the worst forms of child labour in Panama ended in June 2006. In this respect, it notes that a significant number of children, including indigenous children, have been prevented from being engaged in hazardous activities, while others have been removed from certain types of hazardous work in coffee and sugar-cane harvesting and market gardening. According to the information available to
ILO/IPEC, phase II of the project is currently being carried out and targets 1,500 children. The Committee takes due note of the Government’s efforts for the implementation of phase I of the project and strongly encourages it to pursue its efforts to combat the worst forms of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Hazardous types of work. The Committee requests the Government to provide information on the measures adopted in the context of the implementation of phase II of the project for the prevention and elimination of the worst forms of child labour in Panama referred to above with a view to: (a) the effective prevention of children from being victims of hazardous types of work; and (b) the provision of the necessary and appropriate direct assistance for the removal of child victims of this worst form of child labour and for their rehabilitation and social integration. The Committee also requests the Government to provide information on the results achieved.

2. Commercial sexual exploitation. The Committee notes that, according to the evaluation reports of the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, a greater number of children will be targeted. The Committee requests the Government to provide information on: (1) the number of young persons under 18 years of age prevented from being engaged in commercial sexual exploitation; and (2) the number of children who are, in practice, removed from this worst form of child labour. It also requests the Government to provide information on the economic alternatives envisaged and on the measures adopted to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

Clause (c). Access to free basic education and vocational training. 
1. Measures adopted. The Committee notes the information provided by the Government in its report to the effect that, in 2006, the Training and Human Resources Institute (IFARHU) provided over 1,500 educational grants with a view to affording assistance to actions targeted at eliminating child labour. In this respect, the Committee notes that in March 2006, a four-year cooperation agreement was concluded between the Committee for the Elimination of Child Labour and the Protection of Young Persons (CETIPATT) and the Director‑General of the IFARHU with the objective of facilitating economic assistance to child workers to encourage them to continue their studies.

2. ILO/IPEC project. The Committee requests the Government to provide information on the measures introduced in the context of the ILO/IPEC project on preventing and eliminating the worst forms of child labour in Panama and the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” with a view to ensuring that children who are removed from the worst forms of child labour have access to free basic education and vocational training.

Clause (d). Children at special risk. Child domestic work. With reference to its previous comments, the Committee notes the detailed information provided by the Government concerning the project for the prevention and elimination of the worst forms of child labour in Central America and the Dominican Republic. It notes that the project has developed a fair number of activities designed to generate knowledge, raise awareness, provide training and reinforce institutions and the legislation. Furthermore, direct action has targeted over 13,800 children and has made it possible to prevent the engagement of children in domestic work and to remove them from such work. Noting that children engaged in domestic work are often the victims of exploitation, which takes on very diverse forms, the Committee requests the Government to continue its efforts to protect these children from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which it intends to take account of the special situation of girls in the context of the implementation of the ILO/IPEC project for the prevention and elimination of the worst forms of child labour in Panama and the ILO/IPEC regional project “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”.

Article 8. International cooperation. Commercial sexual exploitation. The Committee notes that the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” envisages the strengthening of horizontal collaboration between the countries participating in the project. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, including the trafficking of children for that purpose, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee therefore hopes that, in the context of the implementation of the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with the participating countries and thereby strengthen security measures so as to bring an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes due note of the reports of the labour inspection services. It requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.

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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 reads as follows:

Article 1 of the Convention. The Committee notes the detailed information provided by the Government in its first report and observes that it is taking various measures at the legislative level and through technical cooperation to eliminate the worst forms of child labour. The Committee notes with interest the information provided by the Government in its report to the effect that, in collaboration with ILO/IPEC, the Government envisages implementing the "National Programme to Combat the Worst Forms of Child Labour in Panama (2002-05)". It requests the Government to indicate the measures taken in the context of this programme to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes the information provided by the Government in its report that the worst forms of child labour, as defined in Article 3(a) of the Convention, are not part of the cultural reality of the country and that no measures have therefore been taken with regard to slavery, debt bondage, serfdom and forced or compulsory labour of girls and boys. However, the Committee notes that section 489(9) and (15) of the Family Code establishes the right for each child to be protected against any form of violence, negligence or exploitation, including economic exploitation. The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, slavery, debt bondage, serfdom and forced or compulsory labour are considered to be among the worst forms of child labour and that, in accordance with Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit or prevent forced or compulsory labour.

2. Sale and trafficking of children. The Committee notes that section 489(17) of the Family Code provides that all children have the right to be protected against sale and trafficking irrespective of their purpose and in all their forms. The Committee notes that this provision of the Family Code does not give grounds for inferring that the sale and trafficking of children is formally prohibited in Panama. It therefore requests the Government to indicate whether section 489(17) of the Family Code is applied in national law and to provide examples of the application of this provision in practice. It also requests the Government to indicate whether the national legislation provides for sanctions in cases of violation of section 489(17).

3. Forced or compulsory recruitment of children for use in armed conflicts. The Committee notes that by virtue of article 305 of the Constitution, the Republic of Panama shall not have an army. As a result of this provision, military service is not compulsory. However, article 305 of the Constitution also provides that Panamanian nationals are obliged to take up arms to defend national independence and the integrity of the national territory. The Committee requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the forced or compulsory recruitment of children under 18 years of age for use in armed conflict in a situation of the defence of national independence and the integrity of the State, as envisaged in article 305 of the Constitution.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes the study on the commercial exploitation of girls, boys and young persons in Panama, published by ILO/IPEC in 2001, a copy of which was provided by the Government. This study indicates that, although Panama has ratified the majority of the international instruments for the protection of children and young persons, no legislation defining and punishing their sexual exploitation has been adopted in Panama. The Committee notes the document entitled "Proposal for a workplan for the formulation of preliminary draft legislation to reform the Penal Code in respect of violations relating to the commercial sexual exploitation of young persons", provided by the Government in annex to its report in 2003 on the application of Convention No. 138. According to this document, it is proposed to prepare, in collaboration with ILO/IPEC, a preliminary draft to reform the Penal Code in relation to the commercial sexual exploitation of young persons. The Committee requests the Government to keep it informed of developments with regard to this draft legislation.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that section 489(16) of the Family Code provides that all young persons have the right to be protected against the illicit use of drugs or psychotropic substances, and against their use in the production and trafficking of these substances. It also notes the adoption of Act No. 40 of 26 August 1999, establishing the special regime of penal responsibility of young persons, and resolution No. 008-2002, adopting measures for dealing with cases relating to organized crime. The Committee notes that, with the exception of section 489(16) of the Family Code, which does not however establish any penalties for violations, none of the measures referred to by the Government in its report appear to prohibit the use, procuring or offering of a child for illicit activities. It therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention. The Committee also requests the Government to indicate whether section 489(16) of the Family Code is applied in national law and to provide examples of the application of this provision in practice. Furthermore, it requests the Government to indicate whether the national legislation established penalties for violations of section 489(16).

Clause (d). Hazardous work. The Committee notes with interest that, by virtue of section 118(1) of the Labour Code and section 510(1) of the Family Code, work which, by its nature or the conditions in which it is carried out, is likely to harm health, safety or morals, or to prejudice school attendance, is prohibited for young persons under 18 years of age.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 118(1) of the Labour Code and section 510(1) of the Family Code include a list of types of hazardous work prohibited for young persons under 18 years of age. However, it notes that under the terms of section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not cover work performed by young persons in training institutions where such work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air, inland waterways and work on docks, boats and warehouses; work relating to the production, transformation and transmission of energy; the handling of explosive and inflammable substances; and underground work in mines, quarries, tunnels or sewers. The Committee notes that section 118(2) of the Labour Code and section 510(2) of the Family Code do not determine the age from which a young person may be authorized to perform the above hazardous types of activities.

The Committee reminds the Government that, in accordance with Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which enumerates activities to which the Government could give special consideration when determining hazardous types of work. The Committee requests the Government to indicate whether consideration has been given to the activities enumerated in Paragraph 3 of Recommendation No. 190 and which are not covered by section 118(2) of the Labour Code or section 510(2) of the Family Code, such as: work underground; work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; and work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health.

The Committee notes that, in the context of the national programme to combat the worst forms of child labour, certain types of hazardous work are determined in accordance with Article 3(d) of the Convention. Furthermore, in its first report, the Government indicates that, with a view to combating work by children in conditions that are harmful to their health, safety and morals, it has established a project in collaboration with ILO/IPEC for the prevention and elimination of the worst forms of domestic work by children. It adds that a study was carried out in the province of Chiriquí to ascertain the extent, nature and socio-economic context of child labour in this sector. The Committee also notes that the Government refers in its report to the national report on child labour carried out by the Statistics and Census Directorate (SIMPOC) and published by ILO/IPEC. According to the statistics contained in this report, a total of 25,273 young persons work in the agricultural sector, which is considered to be hazardous for the health and safety of young persons. In view of the above, the Committee hopes that, when determining the hazardous types of work, the Government will take into consideration the studies referred to above and the types of work enumerated in Paragraph 3 of Recommendation No. 190. It requests the Government to provide a copy of the list of hazardous types of work when it has been established and to provide information on the consultations held with organizations of employers and workers in accordance with the provisions of this Article.

Paragraph 2. Identification of hazardous work. The Committee notes the information provided by the Government in its first report to the effect that inspections and surveys have been carried out to identify where the types of work exist which could be considered as the worst forms of child labour. In this connection, the Government refers to the study on child domestic work and the survey on child labour statistics carried out by SIMPOC, the objective of which is to identify the extent and characteristics of child labour with a view to developing policies and programmes which will contribute to the elimination of child labour and the protection of young workers in Panama. The Committee requests the Government to provide information on the results achieved on the basis of the study of child domestic work and the survey of child labour statistics and their contribution to identifying where hazardous types of work exist.

Paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee notes the Government’s indication that the periodic examination to determine the worst forms of child labour and consultations with the organizations of employers and workers are envisaged in the context of the national programme to combat the worst forms of child labour. It requests the Government to keep it informed of developments in this respect.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its report that, when the national programme to combat the worst forms of child labour is implemented, it will be possible for it to establish a mechanism to facilitate the dissemination of information concerning the application of the Convention. However, according to the Government, efforts are continually being made to establish appropriate mechanisms and for the development of action in the best interests of children. The Committee hopes that the Government will be in a position to provide information in its next report on the mechanisms established and their operation, including extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with this Article.

Article 6, paragraph 1. Programme of action to eliminate the worst forms of child labour. 1. Projects in collaboration with ILO/IPEC. The Committee notes that the Government, in collaboration with ILO/IPEC, has implemented several projects to eliminate the worst forms of child labour and child labour as a whole. In this respect, the Committee notes the following projects: project for the prevention and elimination of the worst forms of domestic work by children; project for the prevention and elimination of the commercial sexual exploitation of girls and boys in Central America, Panama and the Dominican Republic; project concerning the current situation of girls, boys and young workers in the industrial production of sugar cane, melons and tomatoes; project covering the coffee sector; project concerning the situation of girls, boys and young persons packing goods in supermarkets. The Committee requests the Government to provide information on the implementation of the above projects.

2. Plans of action on child labour, the commercial sexual exploitation of children and the situation of street children. The Committee notes that, in its report in 2003 on the application of Convention No. 138, the Government refers to Decree No. 91 of 6 December 2003 adopting a public policy respecting child labour, the commercial sexual exploitation of children and the situation of street children. Under the terms of section 2 of this Decree, a management and coordination unit has been established. The Committee notes that in October 2002, the main orientations were prepared of three plans of action, namely: the plan of action on child labour, coordinated by the Ministry of Labour and Employment Development (MITRADEL) and the National Directorate of Labour Inspection; the plan of action on commercial sexual exploitation, coordinated by the non-governmental organization - CEFA; and the plan of action on street children, coordinated by the Ministry of Education. It requests the Government to provide copies of the three plans of action when their preparation has been completed and to supply information on their implementation.

Paragraph 2. Consultation with government institutions, employers’ and workers’ organizations and other concerned groups. The Committee notes the information provided by the Government that the National Programme to Combat the Worst Forms of Child Labour in Panama (2002-05) was formally presented in July 2003 to the ministries of state which form the "social cabinet" and to the members of the Committee for the Elimination of Child Labour and the Protection of Young Workers, as well as to the various media. It also notes the Government’s indication that, with regard to the project concerning the situation of girls, boys and young persons packing goods in supermarkets, consultations were held with employers’ and workers’ organizations. The Committee requests the Government to provide information on the consultations held for the other projects that it has implemented, namely: the project for the prevention and elimination of the worst forms of domestic work by children; the project for the prevention and elimination of the commercial sexual exploitation of girls and boys in Central America, Panama and the Dominican Republic; the project concerning the current situation of girls, boys and young workers in the industrial production of sugar cane, melons and tomatoes; and the project covering the coffee sector.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. In its first report, the Government indicates that no measures have been adopted or penal sanctions established to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. However, a Bill will be prepared, with the support of ILO/IPEC, as soon as the National Programme to Combat the Worst Forms of Child Labour in Panama is implemented. The Committee notes that the proposal to prepare preliminary draft legislation to amend the Penal Code only concerns the commercial sexual exploitation of young persons. It requests the Government to provide information on the steps taken to ensure that measures are adopted to secure the enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions, in accordance with Article 7, paragraph 1, of the Convention.

Paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the information provided by the Government to the effect that, in the context of the National Programme to Combat the Worst Forms of Child Labour in Panama, pilot activities are envisaged to remove 1,000 girls, boys and young persons between the ages of 5 and 17 years working in the worst forms of child labour. It also notes that at least 200 families will be targeted. Under the programme, the children will be removed from hazardous types of work or warned that they are employed under dangerous conditions. Two pilot projects are envisaged in the informal sector and the agricultural sector. Once they have been removed, the children will benefit from a programme of education and social protection. The parents will receive technical training and financial support. The Committee requests the Government to provide information on the results obtained through the implementation of the two pilot projects in the informal sector and the agricultural sector, particularly with regard to the rehabilitation and social integration of children following their removal from work.

Clause (c). Access to free basic education. The Committee notes the information provided by the Government in its first report that training centres for child workers have been established to provide literacy services and remedial education in basic subjects. The Government also indicates that section 34 of the Organic Education Act provides that the first and second levels of education are free of charge. Furthermore, Act No. 18 of 29 September 1983 established the National Vocational Training Institute (INAFORP), which provides a series of programmes to train young workers in various fields to facilitate their integration into the labour market. The Committee requests the Government to provide a copy of the Organic Education Act and of Act No. 18 of 29 September 1983.

Clause (d). Children at special risk. The Committee notes the information provided by the Government in its report that, in collaboration with ILO/IPEC, inspections and studies are carried out in the country to identify children at special risk. The Committee requests the Government to provide information on the results of the inspections and studies, particularly with regard to the identification of children at special risk and the manner in which the Government intends to protect them.

Clause (e). The special situation of girls. In its first report, the Government indicates that no measures have been taken to protect girls working as domestic workers, which is considered to be one of the worst forms of child labour. The Government adds that a phase of raising the awareness of society is to be undertaken concerning the problem of the commercial sexual exploitation of girls, boys and young persons. The Committee requests the Government to provide information on the results obtained through the measures adopted to protect girls engaged in domestic work and on the phase of raising the awareness of society concerning the problem of the commercial sexual exploitation of girls, boys and young persons.

Part IV of the report form. Application of the Convention in practice. In its first report, the Government indicates that the Convention has been applied in internal law since the adoption of Act No. 18 of 15 June 2000, approving the Convention. Furthermore, the re-establishment of the Technical Secretariat of the Committee for the Elimination of Child Labour and the Protection of Young Workers, which is responsible for existing programmes of action and measures to achieve the objectives of the Convention, also contributes to the application of the Convention. While noting the Government’s information, the Committee emphasizes that, even though the Government is collaborating with ILO/IPEC and in this respect has established several projects for the elimination of the worst forms of child labour and of child labour in general, measures nevertheless need to be taken at the legislative level to give effect to the Convention. The Committee requests the Government to take measures to ensure that the difficulties encountered at the legislative level in the application of the Convention are overcome.

Part V of the report form. The Committee notes with interest the national report on child labour prepared by SIMPOC and published by ILO/IPEC in March 2003. It requests the Government to provide information on the programmes of action for the elimination for the worst forms of child labour established following the publication of this report.

While noting the detailed information and documents provided by the Government, the Committee notes that in certain cases the statistics and data are not specifically related to the worst forms of child labour. The Committee therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, the penal sanctions applied, etc. In so far as possible, the information provided should be disaggregated by gender.

CMNT_TITLE

The Committee notes the Government’s first report.

Article 1 of the Convention. The Committee notes the detailed information provided by the Government in its first report and observes that it is taking various measures at the legislative level and through technical cooperation to eliminate the worst forms of child labour. The Committee notes with interest the information provided by the Government in its report to the effect that, in collaboration with ILO/IPEC, the Government envisages implementing the "National Programme to Combat the Worst Forms of Child Labour in Panama (2002-05)". It requests the Government to indicate the measures taken in the context of this programme to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes the information provided by the Government in its report that the worst forms of child labour, as defined in Article 3(a) of the Convention, are not part of the cultural reality of the country and that no measures have therefore been taken with regard to slavery, debt bondage, serfdom and forced or compulsory labour of girls and boys. However, the Committee notes that section 489(9) and (15) of the Family Code establishes the right for each child to be protected against any form of violence, negligence or exploitation, including economic exploitation. The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, slavery, debt bondage, serfdom and forced or compulsory labour are considered to be among the worst forms of child labour and that, in accordance with Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit or prevent forced or compulsory labour.

2. Sale and trafficking of children. The Committee notes that section 489(17) of the Family Code provides that all children have the right to be protected against sale and trafficking irrespective of their purpose and in all their forms. The Committee notes that this provision of the Family Code does not give grounds for inferring that the sale and trafficking of children is formally prohibited in Panama. It therefore requests the Government to indicate whether section 489(17) of the Family Code is applied in national law and to provide examples of the application of this provision in practice. It also requests the Government to indicate whether the national legislation provides for sanctions in cases of violation of section 489(17).

3. Forced or compulsory recruitment of children for use in armed conflicts. The Committee notes that by virtue of article 305 of the Constitution, the Republic of Panama shall not have an army. As a result of this provision, military service is not compulsory. However, article 305 of the Constitution also provides that Panamanian nationals are obliged to take up arms to defend national independence and the integrity of the national territory. The Committee requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the forced or compulsory recruitment of children under 18 years of age for use in armed conflict in a situation of the defence of national independence and the integrity of the State, as envisaged in article 305 of the Constitution.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes the study on the commercial exploitation of girls, boys and young persons in Panama, published by ILO/IPEC in 2001, a copy of which was provided by the Government. This study indicates that, although Panama has ratified the majority of the international instruments for the protection of children and young persons, no legislation defining and punishing their sexual exploitation has been adopted in Panama. The Committee notes the document entitled "Proposal for a workplan for the formulation of preliminary draft legislation to reform the Penal Code in respect of violations relating to the commercial sexual exploitation of young persons", provided by the Government in annex to its report in 2003 on the application of Convention No. 138. According to this document, it is proposed to prepare, in collaboration with ILO/IPEC, a preliminary draft to reform the Penal Code in relation to the commercial sexual exploitation of young persons. The Committee requests the Government to keep it informed of developments with regard to this draft legislation.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that section 489(16) of the Family Code provides that all young persons have the right to be protected against the illicit use of drugs or psychotropic substances, and against their use in the production and trafficking of these substances. It also notes the adoption of Act No. 40 of 26 August 1999, establishing the special regime of penal responsibility of young persons, and resolution No. 008-2002, adopting measures for dealing with cases relating to organized crime. The Committee notes that, with the exception of section 489(16) of the Family Code, which does not however establish any penalties for violations, none of the measures referred to by the Government in its report appear to prohibit the use, procuring or offering of a child for illicit activities. It therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention. The Committee also requests the Government to indicate whether section 489(16) of the Family Code is applied in national law and to provide examples of the application of this provision in practice. Furthermore, it requests the Government to indicate whether the national legislation established penalties for violations of section 489(16).

Clause (d). Hazardous work. The Committee notes with interest that, by virtue of section 118(1) of the Labour Code and section 510(1) of the Family Code, work which, by its nature or the conditions in which it is carried out, is likely to harm health, safety or morals, or to prejudice school attendance, is prohibited for young persons under 18 years of age.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 118(1) of the Labour Code and section 510(1) of the Family Code include a list of types of hazardous work prohibited for young persons under 18 years of age. However, it notes that under the terms of section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not cover work performed by young persons in training institutions where such work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air, inland waterways and work on docks, boats and warehouses; work relating to the production, transformation and transmission of energy; the handling of explosive and inflammable substances; and underground work in mines, quarries, tunnels or sewers. The Committee notes that section 118(2) of the Labour Code and section 510(2) of the Family Code do not determine the age from which a young person may be authorized to perform the above hazardous types of activities.

The Committee reminds the Government that, in accordance with Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which enumerates activities to which the Government could give special consideration when determining hazardous types of work. The Committee requests the Government to indicate whether consideration has been given to the activities enumerated in Paragraph 3 of Recommendation No. 190 and which are not covered by section 118(2) of the Labour Code or section 510(2) of the Family Code, such as: work underground; work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; and work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health.

The Committee notes that, in the context of the national programme to combat the worst forms of child labour, certain types of hazardous work are determined in accordance with Article 3(d) of the Convention. Furthermore, in its first report, the Government indicates that, with a view to combating work by children in conditions that are harmful to their health, safety and morals, it has established a project in collaboration with ILO/IPEC for the prevention and elimination of the worst forms of domestic work by children. It adds that a study was carried out in the province of Chiriquí to ascertain the extent, nature and socio-economic context of child labour in this sector. The Committee also notes that the Government refers in its report to the national report on child labour carried out by the Statistics and Census Directorate (SIMPOC) and published by ILO/IPEC. According to the statistics contained in this report, a total of 25,273 young persons work in the agricultural sector, which is considered to be hazardous for the health and safety of young persons. In view of the above, the Committee hopes that, when determining the hazardous types of work, the Government will take into consideration the studies referred to above and the types of work enumerated in Paragraph 3 of Recommendation No. 190. It requests the Government to provide a copy of the list of hazardous types of work when it has been established and to provide information on the consultations held with organizations of employers and workers in accordance with the provisions of this Article.

Paragraph 2. Identification of hazardous work. The Committee notes the information provided by the Government in its first report to the effect that inspections and surveys have been carried out to identify where the types of work exist which could be considered as the worst forms of child labour. In this connection, the Government refers to the study on child domestic work and the survey on child labour statistics carried out by SIMPOC, the objective of which is to identify the extent and characteristics of child labour with a view to developing policies and programmes which will contribute to the elimination of child labour and the protection of young workers in Panama. The Committee requests the Government to provide information on the results achieved on the basis of the study of child domestic work and the survey of child labour statistics and their contribution to identifying where hazardous types of work exist.

Paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee notes the Government’s indication that the periodic examination to determine the worst forms of child labour and consultations with the organizations of employers and workers are envisaged in the context of the national programme to combat the worst forms of child labour. It requests the Government to keep it informed of developments in this respect.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its report that, when the national programme to combat the worst forms of child labour is implemented, it will be possible for it to establish a mechanism to facilitate the dissemination of information concerning the application of the Convention. However, according to the Government, efforts are continually being made to establish appropriate mechanisms and for the development of action in the best interests of children. The Committee hopes that the Government will be in a position to provide information in its next report on the mechanisms established and their operation, including extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with this Article.

Article 6, paragraph 1. Programme of action to eliminate the worst forms of child labour. 1. Projects in collaboration with ILO/IPEC. The Committee notes that the Government, in collaboration with ILO/IPEC, has implemented several projects to eliminate the worst forms of child labour and child labour as a whole. In this respect, the Committee notes the following projects: project for the prevention and elimination of the worst forms of domestic work by children; project for the prevention and elimination of the commercial sexual exploitation of girls and boys in Central America, Panama and the Dominican Republic; project concerning the current situation of girls, boys and young workers in the industrial production of sugar cane, melons and tomatoes; project covering the coffee sector; project concerning the situation of girls, boys and young persons packing goods in supermarkets. The Committee requests the Government to provide information on the implementation of the above projects.

2. Plans of action on child labour, the commercial sexual exploitation of children and the situation of street children. The Committee notes that, in its report in 2003 on the application of Convention No. 138, the Government refers to Decree No. 91 of 6 December 2003 adopting a public policy respecting child labour, the commercial sexual exploitation of children and the situation of street children. Under the terms of section 2 of this Decree, a management and coordination unit has been established. The Committee notes that in October 2002, the main orientations were prepared of three plans of action, namely: the plan of action on child labour, coordinated by the Ministry of Labour and Employment Development (MITRADEL) and the National Directorate of Labour Inspection; the plan of action on commercial sexual exploitation, coordinated by the non-governmental organization - CEFA; and the plan of action on street children, coordinated by the Ministry of Education. It requests the Government to provide copies of the three plans of action when their preparation has been completed and to supply information on their implementation.

Paragraph 2. Consultation with government institutions, employers’ and workers’ organizations and other concerned groups. The Committee notes the information provided by the Government that the National Programme to Combat the Worst Forms of Child Labour in Panama (2002-05) was formally presented in July 2003 to the ministries of state which form the "social cabinet" and to the members of the Committee for the Elimination of Child Labour and the Protection of Young Workers, as well as to the various media. It also notes the Government’s indication that, with regard to the project concerning the situation of girls, boys and young persons packing goods in supermarkets, consultations were held with employers’ and workers’ organizations. The Committee requests the Government to provide information on the consultations held for the other projects that it has implemented, namely: the project for the prevention and elimination of the worst forms of domestic work by children; the project for the prevention and elimination of the commercial sexual exploitation of girls and boys in Central America, Panama and the Dominican Republic; the project concerning the current situation of girls, boys and young workers in the industrial production of sugar cane, melons and tomatoes; and the project covering the coffee sector.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. In its first report, the Government indicates that no measures have been adopted or penal sanctions established to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. However, a Bill will be prepared, with the support of ILO/IPEC, as soon as the National Programme to Combat the Worst Forms of Child Labour in Panama is implemented. The Committee notes that the proposal to prepare preliminary draft legislation to amend the Penal Code only concerns the commercial sexual exploitation of young persons. It requests the Government to provide information on the steps taken to ensure that measures are adopted to secure the enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions, in accordance with Article 7, paragraph 1, of the Convention.

Paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the information provided by the Government to the effect that, in the context of the National Programme to Combat the Worst Forms of Child Labour in Panama, pilot activities are envisaged to remove 1,000 girls, boys and young persons between the ages of 5 and 17 years working in the worst forms of child labour. It also notes that at least 200 families will be targeted. Under the programme, the children will be removed from hazardous types of work or warned that they are employed under dangerous conditions. Two pilot projects are envisaged in the informal sector and the agricultural sector. Once they have been removed, the children will benefit from a programme of education and social protection. The parents will receive technical training and financial support. The Committee requests the Government to provide information on the results obtained through the implementation of the two pilot projects in the informal sector and the agricultural sector, particularly with regard to the rehabilitation and social integration of children following their removal from work.

Clause (c). Access to free basic education. The Committee notes the information provided by the Government in its first report that training centres for child workers have been established to provide literacy services and remedial education in basic subjects. The Government also indicates that section 34 of the Organic Education Act provides that the first and second levels of education are free of charge. Furthermore, Act No. 18 of 29 September 1983 established the National Vocational Training Institute (INAFORP), which provides a series of programmes to train young workers in various fields to facilitate their integration into the labour market. The Committee requests the Government to provide a copy of the Organic Education Act and of Act No. 18 of 29 September 1983.

Clause (d). Children at special risk. The Committee notes the information provided by the Government in its report that, in collaboration with ILO/IPEC, inspections and studies are carried out in the country to identify children at special risk. The Committee requests the Government to provide information on the results of the inspections and studies, particularly with regard to the identification of children at special risk and the manner in which the Government intends to protect them.

Clause (e). The special situation of girls. In its first report, the Government indicates that no measures have been taken to protect girls working as domestic workers, which is considered to be one of the worst forms of child labour. The Government adds that a phase of raising the awareness of society is to be undertaken concerning the problem of the commercial sexual exploitation of girls, boys and young persons. The Committee requests the Government to provide information on the results obtained through the measures adopted to protect girls engaged in domestic work and on the phase of raising the awareness of society concerning the problem of the commercial sexual exploitation of girls, boys and young persons.

Part IV of the report form. Application of the Convention in practice. In its first report, the Government indicates that the Convention has been applied in internal law since the adoption of Act No. 18 of 15 June 2000, approving the Convention. Furthermore, the re-establishment of the Technical Secretariat of the Committee for the Elimination of Child Labour and the Protection of Young Workers, which is responsible for existing programmes of action and measures to achieve the objectives of the Convention, also contributes to the application of the Convention. While noting the Government’s information, the Committee emphasizes that, even though the Government is collaborating with ILO/IPEC and in this respect has established several projects for the elimination of the worst forms of child labour and of child labour in general, measures nevertheless need to be taken at the legislative level to give effect to the Convention. The Committee requests the Government to take measures to ensure that the difficulties encountered at the legislative level in the application of the Convention are overcome.

Part V of the report form. The Committee notes with interest the national report on child labour prepared by SIMPOC and published by ILO/IPEC in March 2003. It requests the Government to provide information on the programmes of action for the elimination for the worst forms of child labour established following the publication of this report.

While noting the detailed information and documents provided by the Government, the Committee notes that in certain cases the statistics and data are not specifically related to the worst forms of child labour. The Committee therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, the penal sanctions applied, etc. In so far as possible, the information provided should be disaggregated by gender.