Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Panama (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children for sexual exploitation. In its previous comments, the Committee requested the Government to ensure that in-depth investigations and robust prosecutions are undertaken against those responsible for trafficking of children for sexual exploitation and that sufficiently effective and dissuasive penalties are applied. It requested the Government to provide statistics on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed in this regard.

The Committee notes in the Government's report that, according to the 2018 report of the Public Prosecutor's Office concerning crimes of child sexual exploitation, Panama has registered a total of 131 reports related to child trafficking for the purposes of sexual exploitation, such as child pornography, the production of pornographic material, performances involving children and paid sexual relations with minors. According to the Government's report, this represents a decrease in the number of crimes related to the sale and trafficking of children for sexual exploitation compared with previous years.

The Committee notes Panama’s combined fifth and sixth periodic reports to the United Nations Committee on the Rights of the Child of 2016, attached to the Government’s report. This report refers to mechanisms put in place by the Government on the prevention and elimination of commercial sexual exploitation of children and adolescents between 2011 and 2015. It also notes the training on the Protocol for the detection, processing and follow-up of cases of children at risk in the education system in 2017, organized by the Council for the Prevention of Sexual Crimes (CONAPREDES) and by the Ministry of Education. The Committee also notes the Government’s supplementary information to the effect that an observatory examining the sexual exploitation of children and young persons was established by the University of Panama in 2018, in partnership with CONAPREDES. The purpose of this observatory is to carry out regular monitoring of the situation, including with a view to making recommendations and devising strategies for CONAPREDES for the prevention and suppression of the sexual exploitation of children, and for the protection of victims. While noting the Government’s efforts to prevent trafficking of children for the purposes of sexual exploitation, the Committee once again requests the Government to provide statistics on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed in this regard. It also requests the Government to provide information on the activities carried out and the statistics collected by the above-mentioned observatory on the sexual exploitation of children and young persons.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to provide specific information on the results achieved through the various programmes implemented for the eradication of child labour and its worst forms in practice.

The Committee notes, in the Government’s report, the reporting mechanism developed by the National Directorate to Combat Child Labour and Protect Young Workers (DIRETIPPAT). Between 2016 and 2018, 33 cases of child labour were reported in activities such as car washing, recycling, domestic work, fishing, construction and street-vending. The Government adds in its supplementary information that in 2019 four cases of child labour were registered after being reported.

The Committee notes in the Government's report the expansion across the whole country of the 2007 National Direct Action Programme for the prevention and elimination of child labour. This programme ensures the development and implementation of the strategy for the management of child labour cases. It consists of a mechanism for the monitoring and follow-up of children who work, specifically in the street and in certain high-risk areas, and children in situations of vulnerability; activities carried out in schools; actions to support families and also the granting of conditional cash transfers for each child engaged in work who undertakes to continue his or her studies. In 2018, 1,451 children received a conditional cash transfer. In 2018–2019, nearly 10,000 persons from the community and public institutions were involved in training or awareness-raising activities on the elimination of child labour. The Government adds that, in the context of this programme, children who work or are at risk of doing so are cared for by an institutional network whose areas of operation include education and health. It explains that in 2019–20 nearly 3,000 children and young persons benefited from the National Direct Action Programme for the prevention and elimination of child labour. The Government also refers to the implementation of the “Districts without child labour” strategy, which enables work plans tailored to the districts to be drawn up in order to prevent and eradicate child labour. The Committee requests the Government to continue its efforts to eradicate child labour and its worst forms. It requests the Government to continue to provide information on the results achieved in the framework of its programmes to remove children from the worst forms of child labour.

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 providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. In its previous comments, the Committee requested the Government to provide information on the measures adopted and results achieved in the context of the National Plan of Action to combat trafficking in persons for the removal of children from trafficking and their rehabilitation and social integration. It also requested the Government to provide information on the measures taken to strengthen the effectiveness of the work of the national police and other law enforcement agencies.

The Committee notes in the Government’s report concerning the application of the Forced Labour Convention, 1930 (No. 29) that in 2018, there were two cases of trafficking of Panamanian children outside the country. The Government also indicates, in its supplementary information, that in September 2020 one individual was convicted for trafficking a 17-year-old person from an indigenous community for exploitation in domestic work.

The Committee notes the approval by the Ministry of Public Security in May 2018 of the National Action Plan to combat trafficking in persons 2017-2022. It notes that the National Secretariat for Children, Adolescents and the Family, in coordination with other State entities, is tasked with coordinating awareness-raising, early detection of victims and the development of an action protocol for the protection of victims of trafficking in persons.

With regard to the sexual exploitation of children, the Government indicates that between August 2019 and August 2020, a total of 25,270 persons participated in activities to raise awareness on sexual exploitation, and 2,161 professionals, including members of the police, social workers and members of non-governmental organizations, were trained in the field of care and protection for victims of sexual exploitation. Considering once again the low number of cases of children rescued from trafficking registered by the Government, the Committee requests the Government to indicate the measures taken or envisaged to strengthen the effectiveness of the work of the national police and other law enforcement agencies. The Committee also requests it to provide information on the measures taken and results achieved within the context of the National Action Plan to combat trafficking in persons 2017-2022 for the removal of children from trafficking for both labour and sexual exploitation and their rehabilitation and social integration.

Article 7(2). Clause (d). Children at special risk. 1. Children from indigenous and Afro-descendent communities. In its previous comments, the Committee requested the Government to continue taking effective measures to ensure the protection of children from indigenous and Afro-descendent communities against the worst forms of child labour, particularly through their access to education. It requested the Government to provide information on the results achieved.

The Committee notes in the Government's report the capacity-building programme for public servants and trade union members on child labour, led by the NGO, “Casa Esperanza”. The programme focused particularly on coffee production areas in indigenous communities’ regions. According to DIRETIPPAT statistics, between 2016 and the first quarter of 2019 in the region of the Comarca Ngäbe-Buglé, which has a large proportion of indigenous workers, 341 children engaged in the worst forms of child labour (136 girls and 205 boys) were registered (275 cases in 2016, 50 cases in 2017, ten cases in 2018 and 6 cases in the first quarter of 2019).

The Committee also notes the project of the NUTREHOGAR Foundation, under the direction of CONAPREDES, to combat the commercial sexual exploitation of children and adolescents in indigenous communities, which are the most vulnerable communities particularly in terms of access to justice, according to the Government. The project’s awareness-raising activities benefited a total of 10,787 children, adolescents and adults throughout the country. The Committee requests the Government to continue to provide information on the results achieved to ensure the protection of children particularly exposed to the risk of the worst forms of child labour, including by ensuring their access to education. As far as possible, these data should be disaggregated by age, gender and ethnic origin.

2. Child domestic workers. The Committee previously requested the Government to provide information on the preparation of the guide for comprehensive action on child labour in domestic work and to provide a copy once it had been completed. It also requested the Government to provide information on the results achieved in removing children from this worst form of child labour.

The Committee notes in the Government’s report the road map for comprehensive action on domestic child labour. This road map details the various stages of intervention, such as the receipt of complaints, legal procedures, child protection and follow-up, and children’s access to a range of existing services and programmes in the areas of healthcare, education, occupation and the family. The Committee welcomes the Government’s supplementary information indicating that, pursuant to Executive Decree No. 1 of 5 January 2016, the list of hazardous types of work in the context of the worst forms of child labour has been updated and now prohibits children under 18 years of age from performing any kind of domestic work. While noting the measures taken by the Government to remove children from this worst form of child labour, the Committee requests the Government to provide statistical information on the results of the implementation of the road map for comprehensive action on child labour in domestic work.