Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the concerns expressed in 2011 by the Trade Union Convergence Movement (CS) and the General and Autonomous Confederation of Workers of Panama (CGTP) concerning the increase in the number of children working in the country over the past ten years, a situation which they believe reflects the inadequacy of the measures taken by the Government. In its reply, the Government indicated that, according to the findings of the child labour survey of 2010, the number of children and young persons aged between 15 and 17 years engaged in economic activity had fallen by 29,065. According to the Government, this reduction is linked to the strengthening of the labour inspection services, which has led to the recruitment of additional inspectors and an increase in inspections relating to child labour. The Committee took due note of the establishment in February 2010 of the National Directorate to Combat Child Labour and Protect Young Workers (DIRETIPPAT), the technical secretariat of the Committee for the Eradication of Child Labour and the Protection of Young Workers (CETIPPAT), the responsibilities of which include supporting the formulation and follow up of the National Plan for the Elimination of Child Labour (2007–11).

The Committee takes due note of the many initiatives mentioned by the Government in its report to achieve the objectives set in the Hemisphere Agenda for Decent Work, including the establishment of 14 regional agencies to combat child labour and protect young workers, and the formulation of two inter- and intra-institutional cooperation protocols to protect and provide care for children and young workers. The Committee also notes the information provided by the Government on the results of the many education and social programmes implemented at the national level. It observes in particular that the Government Programme of Direct Action to Prevent and Eliminate Child Labour has benefited 4,942 child workers and young workers since 2009 through the provision of education and training grants. It further notes that 1,873 children and young persons from indigenous communities engaged in hazardous types of work, or at risk of such work, have benefited from assistance within the framework of the Government Programme of Direct Action to Prevent and Eliminate Child Labour.

The Committee takes due note of the detailed statistics provided by the Government on the work of the labour inspection services. It notes that there are now 171 inspectors at the national level, four of whom are exclusively responsible for child labour issues, and 70 are polyvalent inspectors. It also notes that inspections carried out following denunciations of cases of child labour are undertaken in partnership with social workers from DIRETIPPAT. According to the information provided by the Government, 2,988 inspections concerning child labour were carried out between January and October 2013, which resulted in penalties being imposed in six cases.

Finally, the Committee takes due note of the results of the fourth child labour survey of the National Statistical and Census Institute (INEC) of 2012, which was attached to the Government’s report. It notes with interest that the total number of children and young persons under 18 years of age engaged in child labour fell by around 44 per cent in four years (89,767 in 2010, compared with 50,410 in 2012). Child labour is mainly concentrated in rural areas of the country (73 per cent) and concerns boys in particular (74 per cent). Nevertheless, the Committee observes that, despite the progress achieved since 2008, the number of children aged between five and 11 years engaged in child labour increased significantly, particularly among girls (304 girls in 2010 compared with 2,190 in 2012). While welcoming the various measures and programmes implemented by the Government to achieve the effective abolition of child labour, the Committee requests it to continue taking measures for the elimination of work by children under 14 years of age, with special attention being given to girls. It requests it to continue providing information on the results achieved in this respect, including statistical information on child labour and labour inspection activities.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that, although section 118 of the Labour Code and section 510 of the Family Code prohibit young persons under 18 years of age from performing hazardous types of work, this prohibition does not apply to work performed by minors in training establishments when the work is approved by the competent authority and carried out under its supervision. The Committee observed that a young person of 14 years of age may be authorized to carry out hazardous types of work in the context of a training programme, which is not in conformity with Article 3(3) of the Convention.

The Committee notes the Government’s indication that a Bill on the comprehensive protection of children has been submitted to the National Assembly for approval. It reminds the Government that, under the terms of Article 3(3) of the Convention, only young persons over 16 years of age who have received adequate specific instruction or vocational training in the relevant branch of activity may be authorized to perform hazardous types of work, on condition that their health, safety and morals are fully protected, and after consultation with employers’ and workers’ organizations. The Committee therefore once again expresses the firm hope that the Bill on the comprehensive protection of children will be adopted in the near future and that it will contain provisions regulating the performance of hazardous types of work in vocational training institutions, in accordance with the conditions set out in Article 3(3) of the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.