Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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.