Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Panama (Ratification: 1971)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that no progress has as yet been made with regard to the adoption of the draft Bill designed to give effect to the basic requirement of the Convention due to various circumstances such as the merging of the Ministries of Planning and Political Economy and the 1999 presidential elections. The Committee notes that, by letter dated 12 September 2000, the Ministry of Work and Labour Development (MITRADEL) transmitted the draft Bill to the Ministry of Finance for approval and eventual submission to the Legislative Assembly. The Committee firmly hopes that this amendment will be adopted very shortly and requests the Government to keep it informed in its next report of any positive developments in this respect.

In addition, the Committee asks the Government to provide in accordance with Article 6 of the Convention and Part V of the report form all available information on the practical application of the Convention, including, for instance, copies of public contracts, model specifications for public tenders or sample text of labour clauses currently in use, official reports or statistics bearing on the enforcement of relevant legislation (e.g. number and nature of infringements observed and penalties imposed) and any other particulars regarding the practical fulfilment of the conditions prescribed by the Convention.

The Committee regrets to note that despite all assurances given in the last 25 years for the adoption of measures to give effect to the Convention, the new public procurement legislation (Law No. 22 of 2006) continues to fail to comply with the basic requirements of the Convention. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.