Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee takes note of the Government’s report. It also notes the comments from the Trade Union Convergence (CS) of 25 August 2011 and from the General and Autonomous Confederation of Workers of Panama (CGTP) of 26 August 2011, as well as of the Government’s reply dated 7 November 2011.

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 expressed its concern at the increasing number of children who were working in Panama and strongly encouraged the Government to redouble its efforts to combat child labour.

The Committee notes the concerns expressed by the CS and the CGTP about the increase in the number of children working in the country during the past few years, a situation which they believe reflects the inadequacy of the measures taken by the Government to ensure the abolition of child labour.

The Committee notes the Government’s reply that, according to the findings of the child labour survey of 2010, the number of children and young persons aged between 15 and 17 years engaged in economic activity has been reduced by 29,065. According to the Government, this drop in numbers is linked to the strengthening of the labour inspection services, which has led to the recruitment of 116 additional labour inspectors and the increase of inspection visits concerning child labour. The Government also states that the Bill on the protection of children and young people was approved by the National Assembly on 27 October 2011 and is waiting to be approved by the President of the Republic. Furthermore, the Committee takes due note of the detailed information in the Government’s report concerning the measures adopted to ensure the abolition of child labour. It also notes that the Government, through the Committee for the Eradication of Child Labour and the Protection of Young Workers (CETIPPAT) is pursuing a policy to eliminate child labour with a view to reaching the objectives set forth in the “Decent work in the Americas: An agenda for the Hemisphere”, i.e. to eliminate the worst forms of child labour from now until 2015 and to eliminate child labour from now until 2020. It also takes due note of the establishment, in February 2010, of the National Directorate against Child Labour and Protection of Young Workers (DIRETIPPAT), technical secretariat of the CETIPPAT, responsible in particular for supporting the elaboration and follow-up to the National Plan for the Elimination of Child Labour (2007–11).

The Committee notes the statistics sent by the Government on the progress made by the DIRETIPPAT and notes with interest that 2,716 children were withdrawn from their work between 2010 and 2011. It also notes that the Government adopted the 2011–13 programme to implement the “roadmap to make Panama a country free from child labour” in March 2011. This programme is intended to be a planning tool to facilitate the elaboration of short and middle-term actions to prevent child labour and its worst forms. Its main areas of action are poverty reduction, education and health. The Committee also notes the Government’s information on the results of the Government programme of direct action for the prevention and elimination of child labour, carried out in collaboration with the non-governmental organizations FUNDESPA, Casa Esperanza and Fundación Telefónica in the nine provinces of the country. It observes that more than 1,500 children and young people engaged in child labour benefited from this programme in 2011. Finally, the Committee notes the findings of the third national survey on child labour enclosed with the Government’s report, which, in addition to indicating the reduction in the number of working children aged 5 to 17 years who are working (which has dropped from 89,767 to 60,702), shows that children and young people mainly work in the agricultural sector, forestry, fishing, hunting and as itinerant traders. The majority of these children work in rural areas and come from indigenous communities. Furthermore, girls are more affected by child labour (75 per cent of girls recorded as opposed to 25 per cent of boys). The Committee welcomes the measures taken by the Government to ensure the effective abolition of child labour and strongly encourages it to pursue its efforts. It requests the Government to continue providing information on the results obtained in this respect, particularly in the context of the National Programme for the Elimination of Child Labour. Furthermore, the Committee requests the Government to provide additional statistical information on the number of children under 14 years of age engaged in an economic activity and the number of children and young people under 18 years of age who are involved in hazardous work.

Article 3(3). Authorization to employ young persons from the age of 16 years onwards in hazardous types of work. In its previous comments, the Committee noted that, although section 118 of the Labour Code and section 510 of the Family Code prohibit young persons under 18 years of age from undertaking hazardous work, this prohibition does not apply to work performed by minors in training establishments when the work is approved by the competent authority and carried out under its supervision. The Committee thus observes that a young person of 14 years of age may be authorized to carry out hazardous work in the context of a training programme, which is not in conformity with Article 3(3) of the Convention.

The Committee notes that, according to the Government, the exception under section 118 of the Labour Code is only authorized in the context of teaching or a vocational training course and is not in the context of a labour contract. The Committee nevertheless reminds the Government that, under the terms of Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of the employers and workers concerned, authorize the employment or work of young persons from the age of 16 years onwards on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the corresponding branch of activity. It notes that in no event can children under 16 years of age be authorized to carry out hazardous work. Consequently, the Committee urges the Government to take the necessary legislative measures to ensure that only young persons of 16 years and over, having received adequate specific instruction or vocational training, are authorized to carry out hazardous work, in accordance with the conditions provided for under Article 3(3) of the Convention. The Committee requests the Government to provide information on the progress achieved in this respect in its next report.

Part III of the report form. Labour inspection. Further to its previous comments, the Committee takes due note of the statistics contained in the Government’s report concerning the visits carried out by the labour inspection services and the penalties imposed. It notes that 2,262 inspections were carried out between August 2009 and June 2011, and that the number of visits is increasing each year. During these visits, the inspectors identified 70 children working under the minimum age of admission to employment or labour, among which were 37 girls and 33 boys. The Government also indicates that the National Directorate of Labour Inspection Services has elaborated a new support programme component, which provides for an increase in the number of inspectors specialized in the monitoring of child labour, of which there are now 130. It also notes that, when violations are reported, the labour inspection services carry out joint visits with the DIRETIPPAT in order to ensure that care is taken of the children withdrawn from labour.