Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

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.