Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the Government’s report. It also notes the comments of the National Federation of Public Employees and Public Service Enterprises Workers (FENASEP) of 5 October 2009 and the Government’s reply thereto of 10 February 2010.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the statistics contained in the national report concerning the child labour survey undertaken by the Directorate of Statistics and Census and the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) and published by ILO–IPEC in March 2003, the number of children between the ages of 5–17 years engaged in child labour was 47,976. According to the report, 25,273 minors worked in agriculture. It also noted that the Government took a large number of measures to eliminate child labour and its worst forms, such as the National Plan for the Elimination of Child Labour and the Protection of Young Workers 2007–11 (National Plan against Child Labour) and programmes of action in collaboration with ILO–IPEC which target, among others, child domestic work, agricultural work, hazardous types of work and work by indigenous children.

The Committee notes that, in its comments, the FENASEP expresses concern at the fact that, compared with the data of 2000, according to which 47,475 children between 5 and 17 years of age were working in Panama, the 2008 survey on child labour shows that this figure has almost doubled to 89,767. The Committee notes the Government’s reply to the FENASEP’s comments that: (a) the number of children aged from 5 to 17 increased from 2000 to 2008 (from 755,032 to 829,724); (b) at the moment of carrying out the second survey, society was more aware of the subject of child labour, thus 2008 statistics better reflect the existing reality. The Government also states that notwithstanding the progress achieved as a result of the measures taken, various issues still hamper the elimination of child labour. However, the recently elected Government is taking measures to achieve this goal.

The Committee takes due note of the detailed information provided by the Government in its report. In particular, it notes the results of the implementation of the ILO–IPEC Country Programme to prevent and eliminate child labour and its worst forms in Panama (ILO–IPEC Country Programme) and the results of the action programmes carried out in collaboration with ILO–IPEC in the urban, rural and indigenous areas of the provinces of Panamá and Colón, Chiriquí and Veraguas to prevent children from engaging in child labour or withdrawing them from child labour and its worst forms through the provision of educational services and assistance to their families. The Committee further notes that the Government has taken several measures – such as the programmes “Opportunities”, “Educational Promotion”, “Solidarity Day”, “Eradication of Child Labour Scholarships” and “Prevention and eradication of child labour and protection of adolescent workers in the provinces of Panama and Colón” – to promote education as a means to contribute to the eradication of child labour, especially through the provision of cash transfers often conditioned on school attendance. Finally, the Committee notes the Government’s information that in December 2007, the Government and the social partners signed the Decent Work Programme 2008–11, which has amongst its objectives the abolition of child labour. The Committee, while noting the wide range of measures taken by the Government to combat child labour, expresses its concern at the increasing number of children between 5–17 years of age who work in Panama. It strongly encourages the Government to redouble its efforts to combat child labour and requests it to continue to provide information on the implementation of the projects such as those referred to above, as well as the results obtained in terms of the progressive abolition of child labour. It also requests the Government to provide statistical information on the employment of children under 14 years.

Article 2(2). Raising the minimum age for admission to employment or work initially specified. The Committee previously noted that the Bill on children contains a provision raising the minimum age for admission to employment or work from 14 to 15 years. It drew the Government’s attention to the fact that Article 2(2) of the Convention envisages the possibility for a State, which decides to raise the minimum age for admission to employment or work initially specified, to notify the Director-General of the International Labour Office by a further declaration. The Committee requested the Government to provide information on the raising of the minimum age for admission to employment or work. The Committee notes the Government’s information that the Bill on children has not been adopted yet and that at the moment there is no intention to increase the minimum age initially specified.

Article 3(3). Authorization to employ young persons from the age of 16 years on hazardous types of work. In its previous comments, the Committee noted that, under the terms of section 118 of the Labour Code and section 510 of the Family Code, hazardous work was prohibited for young persons under 18 years of age, in accordance with Article 3(1) of the Convention. However, it also noted that section 118(2) of the Labour Code and section 510(2) of the Family Code provide that this prohibition does not apply to work performed by minors in training establishments when the work is approved and supervised by the competent authority in listed types of hazardous work.

The Committee notes the Government’s information that the labour inspectorate monitors the nature and the conditions of work of young persons and establishes whether the work permit for these young persons may be issued. Subsequently, periodic inspections are carried out to ensure compliance with the relevant legislation. The Committee, however, observes that, since the minimum age for admission to work in Panama is 14 years, it appears that, pursuant to section 118(2) of the Labour Code and section 510(2) of the Family Code, a working permit for a young person to perform hazardous work in a training context may be issued at 14 years. The Committee notes that this is not in conformity with Article 3(3) of the Convention, according to which national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests the Government to take the necessary measures to repeal or amend section 118(2) of the Labour Code and section 510(2) of the Family Code, in order to ensure that only young persons from 16 years who have received adequate specific instruction or vocational training may be allowed to perform types of hazardous work, in conformity with Article 3(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes the Government’s information that 1,045 inspections involving children and adolescent workers were carried out between 2006–09. Only seven cases resulted in penalties being imposed in the same period. It also notes that under the
ILO–IPEC Country Programme, a guide for the labour inspectorate to eradicate child labour and its worst forms was developed and the Executive Decree “On the eradication of child labour and the protection of the rights of working minors”, which is aimed at establishing an intra-institutional protocol of inspection for child labour and at providing for the protection of working adolescents, is awaiting final adoption. Noting the high number of children between 5–17 years of age who work in Panama, the Committee encourages the Government to continue to take measures to strengthen the labour inspectorate in order to combat child labour more effectively. In this regard, it requests the Government to provide information on the adoption of the Executive Decree “On the eradication of child labour and the protection of the rights of working minors”. It finally asks the Government to continue to provide extracts from the reports of inspection services and information of the number and nature of contraventions reported.

The Committee notes the Government’s information that the Bill on the protection of Children and Young Persons (Bill on Children) has not been adopted yet. However, the newly elected Government, through the National Office for Children and Young Persons (SENIAF), is following-up on this issue. The Committee hopes that the Bill on children will be adopted in the near future and hopes that it will take into account the Committee’s comments. It requests the Government to continue to provide information on any progress in the adoption of the Bill.