Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Panama (Ratification: 1971)

The Committee notes with regret that the Government’s report has not been received. The Committee notes the observations made by the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO), which were transmitted to the Government in September 2013, concerning the impact of various government programmes and the reduction in workers’ purchasing power. Both organizations state that programmes such as “Network of Opportunities”, “100 to the 70” and “Universal Scholarships” have not met their targets to improve the standards of living. They add that although the Panamanian economy has the strongest growth in the region, there are problems with respect to the distribution of wealth. The Committee requests the Government once again to provide its comments in respect to the observations from CONUSI and CONATO. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2009 direct request.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Government provided information in May 2009 on the results of the operational plans of the Ministry of Social Development, whose poverty reduction strategy was based on the “Network of Opportunities” programme. The Committee requests the Government to supply information on the impact of the new poverty reduction programmes. It also requests the Government to provide an up-to-date evaluation of the manner in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention).

Part III. Migrant workers. The Committee notes the adoption of Legislative Decree No. 3 of 22 February 2008 establishing the National Migration Service, which is responsible for the administration, supervision, monitoring and application of the migration policies issued by the Executive. The Committee requests the Government to continue to supply information on the manner in which the National Migration Service contributes towards giving effect to the Convention.

Part IV. Remuneration of workers. Advances on wages. In reply to the Committee’s previous comments, the Government referred to the ruling of 17 April 2001 issued by the Higher Labour Court with regard to the provisions of section 161(3) and (13) of the Labour Code, establishing restrictive criteria for interpreting the provisions which permit deductions from workers’ wages, pursuant to wage protection regulations. The Committee requests the Government to supply up-to-date information on the manner in which court or administrative decisions have applied the provisions of section 161(3) and (13) of the Labour Code in accordance with Article 12 of the Convention.