Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Abolition of Forced Labour Convention, 1957 (No. 105) - Panama (Ratification: 1966)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI) dated 1 September 2016.

Article 1(a) and (d) of the Convention. Compulsory labour for persons sentenced to imprisonment for expressing political views or participating in a strike. In its previous comments, the Committee observed that even though section 70 of the Act regulating the prison system (Act No. 55/2003) states that participation in labour is an obligation for convicted prisoners, the 2007 Penal Code and the 2008 Code of Penal Procedure do not contain any explicit obligation for prisoners to undertake labour. In this regard, the Government indicated that the participation of prisoners in prison labour is always voluntary in practice and it referred to a draft bill for the reform of the 2003 Act regulating the prison system. The Committee also noted the information sent by the Autonomous General Confederation of Workers of Panama (CGTP) that prison sentences could be imposed for taking part in a strike declared to be seditious or in demonstrations that cause road closures (Act No. 14 of 13 April 2010, which adds new section 167-A to the Penal Code). The Committee recalled that it is prohibited under the Convention to impose a sentence entailing compulsory labour on persons who participate peacefully in a strike, express political views or oppose the established political, social or economic system.

The Committee notes that the Government confirms in its report that, notwithstanding the provisions of section 70 of Act No. 55/2003, the participation of prisoners in labour, educational or other activities is voluntary. It points out that the legal department of the Directorate-General for the Prison System is still working on a bill to reform Act No. 55/2003 to remove the obligation of prisoners to perform labour. The Committee also notes that CONUSI refers in its observations to a number of complaints by trade union leaders and workers who have been detained for participating in a strike or defending their legitimate rights and might be subjected to forced labour.

The Committee recalls that under the Convention it is forbidden to impose compulsory prison labour on persons who have been convicted for taking part in strikes, expressing political views or peacefully opposing the established political, social or economic system. The Committee hopes that the Government, in the context of the adoption of the bill to reform Act No. 55/2003 regulating the prison system, will take the necessary steps to amend section 70 of the Act in order to establish the voluntary nature of work performed by persons sentenced to imprisonment, thereby bringing the national legislation into line with the practice described by the Government. The Committee meanwhile requests the Government to provide information on any cases of detention of workers who have participated peacefully in a strike. The Committee also requests the Government to indicate, if applicable, whether convictions have been issued, stating the nature of the offences and the penalties imposed.

The Committee also notes that the Penal Code provides for imprisonment for slander and defamation when these offences are committed through social media, whether orally, in writing or in electronic form (section 195 of the Penal Code). The Committee requests the Government to supply information on the use of these provisions in practice by the courts, particularly the number of convictions issued, the nature of the offences and the penalties imposed.