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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the National Council of Organized Workers (CONATO), received on 31 August 2023. It requests the Government to provide its comments in this respect.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes with interest, from the Government’s report, the adoption in February 2022, of Law No. 285 which creates a System of Guarantees and Comprehensive Protective Rights of Children and Adolescents and its implementing Decree No. 14 of 2022. The Committee notes the Government’s indication that the law reorganizes the competent institutions to guarantee the rights of children and adolescents for children within the country, irrespective of their country of origin, and for all nationals who are outside the country. The Committee notes that section 83 of Law No. 285 sets the minimum age for admission to work or employment at 14 years. Law No. 285 also sets out the right of adolescents (aged 14 to 17 years) to be protected at work (section 84), the right to non-discrimination at work (section 85), the prohibition of hazardous work for children and adolescents (section 87) and the limitation of work of 6 hours daily and 30 hours weekly for adolescents (section 91). Section 220 of the Law provides for penalties in the event of a violation of the provisions prohibiting child labour: (1) up to 5 per cent of gross annual revenues and never less than 500,000 Panamanian Balboa (equivalent to US$500,000) for the employer or any other person who benefits from child labour; and (2) temporary or permanent closure of the business in cases where the child or adolescent is put in danger.

The Committee further notes the Government’s indication that it has taken several measures to prevent and eradicate child labour, including: (1) strengthening the Committee for the Eradication of Child Labour and Protection of Adolescent Worker (CETIPPAT) and creating sub-committees of the CETIPPAT in the provinces of the country; (2) in the follow-up of the 2016–19 Roadmap Action Programme for making Panama a country free of child labour, the Government elaborated a proposal for a programme of action 2022-2024, which is being reviewed for approval by the CETIPPAT; (3) with the cooperation of the ILO, the Government improved the Monitoring System on Child Labour (SMTI), an online tool which allows the registration, detection, referral, monitoring and removal of children and adolescents in situations of child labour; (4) the implementation of strategies to eradicate child labour in districts and municipalities and signature of agreements between local governments and the Ministry of Labour and Labour Development (MITRADEL); (5) the Direction against Child Labour and Protection of Adolescent Workers (DIRETIPAT) of MITRADEL created an awareness-raising programme to create a culture encouraging people to denounce cases of child labour and in which 12,284 persons participated between 2020 and 2023; and (6) MITRADEL carried out tours of prevention and eradication of child labour at the national level in order to reach a broader audience such as social partners, schools, youth groups and the media.

The Committee notes that the CONATO, in its observations, acknowledges the efforts made by the Government to eradicate child labour. However, the CONATO is of the view that institutions such as the National Secretariat for Children, Adolescents and Families (SENNIAF) and DIRETIPAT need better and adequate economic, technical and human resources to perform their duties and to strengthen their action in the eradication of child labour. The CONATO observes that it has not found instances of child labour in private companies and businesses, but that cases of child labour were found in the supply chain of raw materials. The Committee further notes that the CONATO is concerned about the lack of up-to-date statistics on child labour and the absence of disaggregated statistics which would show the proportion of children of indigenous communities and children of migrants in irregular situation, where child labour is known to be prevalent. The Committee also notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, that a considerable number of children under the age of 14 years are engaged in child labour (E/C.12/PAN/CO/3, 31 March 2023, paragraph 32). While taking due note of the Government’s efforts to ensure the elimination of child labour, the Committee requests it to continue providing information on: (i) the measures taken to ensure the progressive elimination of child labour in all sectors of activity, including through the effective application of Law No. 285 and the results achieved; and (ii) the progress in adopting and implementing the above-mentioned programme of action. The Committee also requests the Government to provide updated information, where possible disaggregated by age and gender, on the nature, extent and trends of child labour in the country, including in the informal economy.

Labour inspection. The Committee notes the Government’s indication that DIRETIPAT is responsible for ensuring compliance with labour standards of adolescent workers and guaranteeing the absence of child labour. The Government indicates that DIRETIPAT, the Labour Inspectorate, the SENNIAF and the national police for children and adolescents, undertook inter-institutional preventive and protective inspection routes across the country. Between 2020 and 2023, a total of 636 inspection routes took place and 269 children in child labour were identified (64 girls and 205 boys). The Committee notes, from the observations of the CONATO, that it considers that the management of the Labour Inspectorate needs to be strengthened. The Committee requests the Government to continue to provide information on the monitoring activities of the DIRETIPAT and the labour inspectorate, including by indicating the number of inspections carried out and the number of children identified in child labour. It further requests the Government to provide information on the number and nature of violations detected, the sectors in which they were found, and the penalties applied.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 1 below), as well as on the basis of the information at its disposal in 2019.

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee requested the Government to continue taking measures to eliminate child labour under 14 years of age, giving specific attention to children between the ages of 5 and 9 years, and especially to girls. It also requested the Government to continue providing statistical information on child labour and the activities of the labour inspection services.

The Committee notes, in the Government’s report, that the Ministry of Labour, with ILO support, has developed a training manual for labour inspectors on procedures to be followed in the event of irregularities in child labour, followed by six training workshops for labour inspectors.

The Committee also notes, according to statistical data issued by the Directorate of the Department for Children under the Labour Inspectorate, that a total of 1,168 labour inspections were carried out in 2018 (broken down by territory and activity sector), without detecting cases of child labour between the ages of 5 and 9 years. The Committee also notes that, according to the Government’s supplementary information, the Labour Inspectorate Department for Children carried out 1,865 inspections between 2019 and July 2020. Further to these inspections, ten proceedings were initiated to impose fines for violations of the child labour legislation. In addition, five convictions were handed down imposing fines for non-compliance with the child labour legislation. The Labour Inspectorate Department for Children also carried out awareness-raising activities on child labour, for example in schools and for trade unions. Similarly, the Committee refers to the ILO’s mixed-method study on child labour in sugar cane production in Panama, in 2019. As part of this study, a survey was conducted among 411 adult workers and 62 children from families working in sugar cane plantations. The survey was carried out during the harvesting period in all the producing provinces of the country and in the indigenous territory of Gnäbe-Buglé, covering all industrial and small-scale producers. The Government indicates that, according to this study, the number of migrant and indigenous children engaged in this activity was higher than the number of children from other social backgrounds, but also that it is mainly boys who work in this sector. The study concludes that there is little child labour in the sugar cane production sector in Panama. The Committee notes the Government’s information on the joint ILO–IPEC project for the elimination of child labour in practice, which covers 70 per cent of the territory and under which a child labour monitoring system has been developed through an electronic platform, to register cases of child labour and consult data relating to these cases. Lastly, the Committee notes that, in 2017, the sixth national child labour survey was published and that the results of this survey show a reduction in the rate of child labour, from 10.8 per cent in 2008 to 2.5 per cent in 2016.

The Government adds that, in the context of the 2016–19 Roadmap Action Programme for making Panama a country free of child labour, a child labour monitoring system has been developed and a module for the eradication of child labour has been put in place for key actors. The Government also indicates that, in response to the COVID-19 pandemic, a programme is being drawn up to promote the community economy for families with children and young persons in situations of child labour. It is planned to implement the pilot programme in the provinces of Herrera and Veraguas. While duly noting the Government’s efforts to ensure the elimination of child labour, the Committee requests it to continue providing information on the measures taken to eliminate child labour under 14 years of age in all activity sectors. This information should be disaggregated by gender and age group. Similarly, the Committee requests the Government to provide information on the child labour monitoring system and on the module developed for key actors for the eradication of child labour, drawn up in the context of the 2016–19 Roadmap, and also on the measures taken to implement the programme to promote the community economy in order to reduce child labour. Lastly, the Committee requests the Government to continue providing statistical information on child labour and on the work of the labour inspectorate.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee requested the Government to indicate whether, in accordance with Article 3(3), Resolution No. CD-03-16 provided for consultations to be held with employers’ and workers’ organizations before the adoption of the list of hazardous types of work which may be performed by young persons as of the age of 16 years in the context of vocational training. It also requested it to provide a copy of the list once it had been adopted.

The Committee notes that, according to the Government’s report, Resolution No. CD-03-16 provides for consultations before the adoption of the list and that a consultation had already been held with the social stakeholders, particularly trade unions and non-governmental organizations, on the initiative set out by this Resolution.

The Committee notes with interest the analytical tool created jointly by the Government, the ILO and the non-governmental organization “Casa Esperanza”, to determine hazardous work in the vocational training of young people aged 16 to 17. This tool sets out a process for selecting vocational training courses in order to determine those that pose moderate or high risks in the workplace, through evaluation sheets for each activity in each sector.

The Committee also notes that the National Institute of Vocational Training for Human Development has established two lists of vocational training courses based on this analytical tool: a list of vocational training in moderate-risk sectors for young people between 16 and 17 years and a second list of vocational training in high-risk sectors, allowing only young people over the age of 17 to register. The list of vocational training courses for young people between 16 and 17 years includes: (i) the agri-food sector, such as garden maintenance, horticulture and activities related to chicken farming; (ii) the food-preparation industry, such as meal preparation, buffet organization, and the etiquette and procedures involved in the job of a waiter; (iii) the entrepreneurship sector, including corporate culture and entrepreneurship; (iv) the business management sector, such as public relations, customer services and the drafting of commercial documents; (v) the catering industry, which includes promotion of the hotel industry, basic work on hotel floors and in bedrooms, basic reception services in hotels, and quality of service and customer care; and (vi) information and communication technology sectors, such as basic and intermediate office automation applications and basic spreadsheets. The list of vocational training in high-risk sectors available only to young people over the age of 17 includes: (i) the automobile sector, including vehicle body repair, painting and preventive maintenance; (ii) the construction sector, such as basic woodwork, plumbing and masonry; and (iii) electrical, electronics and refrigeration sectors, such as basic electricity, basic electronics and basic air conditioning maintenance.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee requested the Government to continue taking measures to eliminate child labour under 14 years of age, giving specific attention to children between the ages of 5 and 9 years, and especially to girls. It also requested the Government to continue providing statistical information on child labour and the activities of the labour inspection services.

The Committee notes, in the Government’s report, that the Ministry of Labour, with ILO support, has developed a training manual for labour inspectors on procedures to be followed in the event of irregularities in child labour, followed by six training workshops for labour inspectors.

The Committee also notes, according to statistical data issued by the Directorate of the Department for Children under the Labour Inspectorate, that a total of 1,168 labour inspections were carried out in 2018 (broken down by territory and activity sector), without detecting cases of child labour between the ages of 5 and 9 years.

Similarly, the Committee refers to the ILO’s mixed-method study on child labour in sugar cane production in Panama, in 2019. As part of this study, a survey was conducted among 411 adult workers and 62 children from families working in sugar cane plantations. The survey was carried out during the harvesting period in all the producing provinces of the country and in the indigenous territory of Gnäbe-Buglé, covering all industrial and small-scale producers. The Government indicates that, according to this study, the number of migrant and indigenous children engaged in this activity was higher than the number of children from other social backgrounds, but also that it is mainly boys who work in this sector. The study concludes that there is little child labour in the sugar cane production sector in Panama. The Committee notes the Government’s information on the joint ILO–IPEC project for the elimination of child labour in practice, which covers 70 per cent of the territory and under which a child labour monitoring system has been developed through an electronic platform, to register cases of child labour and consult data relating to these cases. Lastly, the Committee notes that, in 2017, the sixth national child labour survey was published and that the results of this survey show a reduction in the rate of child labour, from 10.8 per cent in 2008 to 2.5 per cent in 2016. While duly noting the Government’s efforts to ensure the elimination of child labour, the Committee requests the Government to continue providing information on the measures taken to eliminate child labour under 14 years of age in all activity sectors. This information should be disaggregated by gender and age group. Similarly, the Committee requests the Government to provide information on the results of the Programme of Action of the 2016–19 road map, which ends in 2019.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee requested the Government to indicate whether, in accordance with Article 3(3), Resolution No. CD-03-16 provided for consultations to be held with employers’ and workers’ organizations before the adoption of the list of hazardous types of work which may be performed by young persons as of the age of 16 years in the context of vocational training. It also requested it to provide a copy of the list once it had been adopted.

The Committee notes that, according to the Government’s report, Resolution No. CD-03-16 provides for consultations before the adoption of the list and that a consultation had already been held with the social stakeholders, particularly trade unions and non-governmental organizations, on the initiative set out by this Resolution.

The Committee notes with interest the analytical tool created jointly by the Government, the ILO and the non-governmental organization “Casa Esperanza”, to determine hazardous work in the vocational training of young people aged 16 to 17. This tool sets out a process for selecting vocational training courses in order to determine those that pose moderate or high risks in the workplace, through evaluation sheets for each activity in each sector.

The Committee also notes that the National Institute of Vocational Training for Human Development has established two lists of vocational training courses based on this analytical tool: a list of vocational training in moderate-risk sectors for young people between 16 and 17 years and a second list of vocational training in high-risk sectors, allowing only young people over the age of 17 to register. The list of vocational training courses for young people between 16 and 17 years includes: (i) the agri-food sector, such as garden maintenance, horticulture and activities related to chicken farming; (ii) the food-preparation industry, such as meal preparation, buffet organization, and the etiquette and procedures involved in the job of a waiter; (iii) the entrepreneurship sector, including corporate culture and entrepreneurship; (iv) the business management sector, such as public relations, customer services and the drafting of commercial documents; (v) the catering industry, which includes promotion of the hotel industry, basic work on hotel floors and in bedrooms, basic reception services in hotels, and quality of service and customer care; and (vi) information and communication technology sectors, such as basic and intermediate office automation applications and basic spreadsheets. The list of vocational training in high-risk sectors available only to young people over the age of 17 includes: (i) the automobile sector, including vehicle body repair, painting and preventive maintenance; (ii) the construction sector, such as basic woodwork, plumbing and masonry; and (iii) electrical, electronics and refrigeration sectors, such as basic electricity, basic electronics and basic air conditioning maintenance.

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

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

Article 1 of the Convention. Application of the Convention in practice. In its previous comments, the Committee noted the establishment in February 2010 of the National Directorate to Combat Child Labour and Protect Young Workers (DIRETIPPAT), the technical secretariat of the Committee for the Eradication of Child Labour and the Protection of Young Workers (CETIPPAT), under the responsibility of the Ministry of Labour (MITRADEL). The Committee notes the detailed statistics on the activities of the labour inspection services and notes that inspections following denunciations of cases of child labour are carried out in partnership with the social partners of the DIRETIPPAT. According to the Government’s information, 2,988 inspections relating to child labour were undertaken between January and October 2013, which gave rise to penalties in six cases. The Committee nevertheless observed that, despite the fall in the figures for child labour, the number of children aged between five and 11 years engaged in child labour increased significantly, particularly among girls (304 girls in 2010, compared with 2,190 in 2012).

The Committee notes the observations made by the CONUSI, affirming that only 0.47 per cent of the general State budget is allocated to the MITRADEL and that the DIRETIPPAT cannot therefore have sufficient resources to carry out its mission of the elimination of child labour.

In its report, the Government refers to the many measures taken to prevent and combat child labour. Among these measures, the Committee notes the launching of a roadmap to ensure that Panama is a country free of child labour and its worst forms (2016–19), which was prepared jointly by the CETIPPAT, the ILO and “Casa Esperanza”. The main action set out in the roadmap consists of: (i) the development of a promotional programme for large and medium-sized enterprises for the integration into their internal policies of the prevention and eradication of child labour and its worst forms; (ii) the increased coverage of the programme of grants intended for vulnerable population categories most likely to drop out of the school system early; and (iii) an increase in specific labour inspections focusing on child labour. The Committee notes that regular monitoring will provide a basis for assessing the progress achieved. The Committee also notes the governmental direct action programme of the DIRETTIPAT for the prevention and elimination of child labour intended to raise the awareness of children, parents, employers and workers concerning the causes and consequences of child labour, and notes that 6,052 children benefited from this programme between 2013 and 2016. The Committee also notes that, according to the child labour survey of the National Statistical and Census Institute (INEC) carried out in 2014, the total number of children and young persons under 18 years of age engaged in child labour fell from 50,410 in 2012 to 26,710 in 2014. However, it observes that the number of children aged between five and nine years increased over the same period, rising from 500 to 1,526 in the case of girls and from 1,458 to 2,817 for boys. The Committee notes the absence of information on the activities of the labour inspection services. While taking due note of the various measures and programmes implemented by the Government to ensure the effective abolition of child labour, the Committee requests the Government to continue taking measures to eliminate work by children under 14 years of age, giving specific attention to children between the ages of five and nine years, and especially to girls. It also requests the Government to continue providing information on the results achieved in this regard, including statistical information on child labour and the activities of the labour inspection services.

Article 3(3). Admission to hazardous types of work from the age of 16 years. 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 performing hazardous types of 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 observed that the authorization to carry out hazardous types of work within the framework of vocational training may be issued for a young person of 14 years of age, which is not in conformity with Article 3(3) of the Convention.

The Committee notes with interest that the Government adopted Resolution No. CD-03-16 of 1 April 2016, under which the Director-General of the National Vocational Training and Human Development Skills Institute (INADEH) is authorized to draw up a list of hazardous types of work which may be performed by young persons from the age of 16 years in the context of vocational training. However, it notes that the Resolution does not specify whether the Director-General of the INADEH is to draw up this list after consultation with the organizations of employers and workers. The Committee therefore requests the Government to indicate whether, in accordance with Article 3(3), Resolution No. CD-03-16 provides for consultations to be held with employers’ and workers’ organizations before the adoption of the list of hazardous types of work which may be performed by young persons as of the age of 16 years in the context of vocational training. It also requests the Government to provide a copy of the list once it has been adopted.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the concerns expressed in 2011 by the Trade Union Convergence Movement (CS) and the General and Autonomous Confederation of Workers of Panama (CGTP) concerning the increase in the number of children working in the country over the past ten years, a situation which they believe reflects the inadequacy of the measures taken by the Government. In its reply, the Government indicated 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 had fallen by 29,065. According to the Government, this reduction is linked to the strengthening of the labour inspection services, which has led to the recruitment of additional inspectors and an increase in inspections relating to child labour. The Committee took due note of the establishment in February 2010 of the National Directorate to Combat Child Labour and Protect Young Workers (DIRETIPPAT), the technical secretariat of the Committee for the Eradication of Child Labour and the Protection of Young Workers (CETIPPAT), the responsibilities of which include supporting the formulation and follow up of the National Plan for the Elimination of Child Labour (2007–11).

The Committee takes due note of the many initiatives mentioned by the Government in its report to achieve the objectives set in the Hemisphere Agenda for Decent Work, including the establishment of 14 regional agencies to combat child labour and protect young workers, and the formulation of two inter- and intra-institutional cooperation protocols to protect and provide care for children and young workers. The Committee also notes the information provided by the Government on the results of the many education and social programmes implemented at the national level. It observes in particular that the Government Programme of Direct Action to Prevent and Eliminate Child Labour has benefited 4,942 child workers and young workers since 2009 through the provision of education and training grants. It further notes that 1,873 children and young persons from indigenous communities engaged in hazardous types of work, or at risk of such work, have benefited from assistance within the framework of the Government Programme of Direct Action to Prevent and Eliminate Child Labour.

The Committee takes due note of the detailed statistics provided by the Government on the work of the labour inspection services. It notes that there are now 171 inspectors at the national level, four of whom are exclusively responsible for child labour issues, and 70 are polyvalent inspectors. It also notes that inspections carried out following denunciations of cases of child labour are undertaken in partnership with social workers from DIRETIPPAT. According to the information provided by the Government, 2,988 inspections concerning child labour were carried out between January and October 2013, which resulted in penalties being imposed in six cases.

Finally, the Committee takes due note of the results of the fourth child labour survey of the National Statistical and Census Institute (INEC) of 2012, which was attached to the Government’s report. It notes with interest that the total number of children and young persons under 18 years of age engaged in child labour fell by around 44 per cent in four years (89,767 in 2010, compared with 50,410 in 2012). Child labour is mainly concentrated in rural areas of the country (73 per cent) and concerns boys in particular (74 per cent). Nevertheless, the Committee observes that, despite the progress achieved since 2008, the number of children aged between five and 11 years engaged in child labour increased significantly, particularly among girls (304 girls in 2010 compared with 2,190 in 2012). While welcoming the various measures and programmes implemented by the Government to achieve the effective abolition of child labour, the Committee requests it to continue taking measures for the elimination of work by children under 14 years of age, with special attention being given to girls. It requests it to continue providing information on the results achieved in this respect, including statistical information on child labour and labour inspection activities.

Article 3(3). Admission to hazardous types of work from the age of 16 years. 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 performing hazardous types of 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 observed that a young person of 14 years of age may be authorized to carry out hazardous types of work in the context of a training programme, which is not in conformity with Article 3(3) of the Convention.

The Committee notes the Government’s indication that a Bill on the comprehensive protection of children has been submitted to the National Assembly for approval. It reminds the Government that, under the terms of Article 3(3) of the Convention, only young persons over 16 years of age who have received adequate specific instruction or vocational training in the relevant branch of activity may be authorized to perform hazardous types of work, on condition that their health, safety and morals are fully protected, and after consultation with employers’ and workers’ organizations. The Committee therefore once again expresses the firm hope that the Bill on the comprehensive protection of children will be adopted in the near future and that it will contain provisions regulating the performance of hazardous types of work in vocational training institutions, in accordance with the conditions set out in Article 3(3) of the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Repetition

The Committee took note of 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 noted 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 noted 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 stated 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 took due note of the detailed information in the Government’s report concerning the measures adopted to ensure the abolition of child labour. It also noted 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 took 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 noted the statistics sent by the Government on the progress made by the DIRETIPPAT and noted with interest that 2,716 children were withdrawn from their work between 2010 and 2011. It also noted 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 noted 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 observed that more than 1,500 children and young people engaged in child labour benefited from this programme in 2011. Finally, the Committee noted 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 observed 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 noted 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 reminded 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 noted 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

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

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.

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

The Committee notes the Government’s report and the numerous documents attached. It also notes the Bill on the protection of children and young persons supplied by the Government, which will be discussed in the Cabinet Council and the Legislative Assembly with a view to its adoption. The Committee hopes that the Bill will be adopted in the near future and that it will take into account the comments made below. It requests the Government to provide information once the Bill has been adopted.

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 and 17 years engaged in child labour was 47,976. According to the report, 25,273 minors worked in agriculture. Furthermore, according to the report published in 2002 by IPEC entitled “Rapid evaluation of the situation of children in domestic work in Panama”, 57 per cent of child workers between the ages of 10 and 17 years were engaged in agriculture, 11 per cent in domestic work and 14 per cent in commercial activities. The Committee observed that the above statistics showed that the application of the regulations on child labour appeared to be difficult in practice and that child labour was a problem in the country. It requested the Government to provide information on the measures adopted or envisaged to harmonize progressively the de facto situation and the law.

The Committee takes due note of the detailed information provided by the Government in its report. According to the Government, although these activities expose them to major risk factors, in Panama children and young persons work in the streets, packing in supermarkets, as rubbish collectors, car washers, in agricultural activities (coffee and tomato plantations and watermelon fields), other informal sector activities such as the sale of flowers and fruit or engage in begging with a view to survival. The Government however indicates that it is taking a large number of measures to eliminate child labour and its worst forms. In this respect, the Committee notes the Government is implementing a number of programmes of action in collaboration with ILO/IPEC concerning, among others, child domestic work, agricultural work, hazardous types of work and work by indigenous children. The Committee further notes the information provided by the Government on the consultations held by the safety and health service to combat child labour in hazardous and unhealthy activities, including public awareness-raising activities on child labour in collaboration with the actors concerned by hazardous forms of child labour. It further notes with interest the new National Plan for the Elimination of Child Labour and the Protection of Young Workers (2007–11). The Committee greatly appreciates the measures taken by the Government to abolish child labour, and considers these measures to be an affirmation of the political will to develop strategies to combat these problem. It therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the implementation of the projects and the new National Plan referred to above, as well as the results obtained in terms of the progressive abolition of child labour.

Article 2, paragraph 2. Raising the minimum age for admission to employment or work initially specified. With reference to its previous comments, the Committee notes that the Bill for the protection of children and young persons contains a provision raising the minimum age for admission to employment or work from 14 to 15 years. In this respect, it once again draws the Government’s attention to the fact that Article 2, paragraph 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. In this way, the age determined by the national legislation can be harmonized with that envisaged at the international level. The Committee requests the Government to provide information on the raising of the minimum age for admission to employment or work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the adoption of Executive Decree No. 302 of 30 April 2004 issuing the Education Act No. 47 of 1946. It notes that, under the terms of section 75 of Executive Decree No. 302 of 30 April 2004, no child under 15 years of age may perform work or any activity whatsoever which would prevent her or him from attending school regularly.

Article 3, paragraph 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, paragraph 1, of the Convention. However, it also noted that, under section 118(2) of the Labour Code and section 510(2) of the Family Code, 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 the following activities: the transport of passengers and goods by road, rail, air and inland waterways and work on quays and vessels and in warehouses; work related to the production, processing and supply of energy; the handling of explosive and inflammable substances; and underground work in mines, quarries, tunnels or sewers. On the one hand, the Committee reminded the Government of the provisions of Article 6 of the Convention concerning vocational training and education and those of Article 3, paragraph 3, of the Convention, respecting work by young persons as from 16 years of age in hazardous activities. It requested the Government to provide information on the measures adopted or envisaged to ensure that no one under 16 years of age working in a training establishment may be authorized, under section 118(2) of the Labour Code and section 510(2) of the Family Code to perform a hazardous activity.

The Committee notes the information provided by the Government concerning the low percentage of children who, according to the statistics contained in the survey on child labour carried out in 2000 by the Directorate of Statistics and Census and SIMPOC and published by ILO/IPEC in March 2003, who are in the situation of performing hazardous types of work in a training context. The Committee notes with interest the adoption of Executive Decree No. 19 of 12 June 2006 approving the list of hazardous types of child labour, in the context of the worst forms of child labour. It further notes that section 97 of the Bill on the protection of children and young persons contains a list of hazardous types of work prohibited for young persons under 18 years of age. The Committee observes that neither Executive Decree No. 19 of 12 June 2006 nor the Bill to protect children and young persons envisage the repeal or amendment of section 118(2) of the Labour Code and section 510(2) of the Family Code. The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, 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. In view of the above, the Committee hopes that, in the context of the current process of regulating the rights of children, the Government will envisage the possibility of repealing or amending section 118(2) of the Labour Code and section 150(2) of the Family Code so as to bring them into conformity with the provisions of Article 3, paragraph 3, of the Convention. It requests the Government to provide information in this respect.

Article 8. Artistic performances. The Committee requested the Government previously to provide copies of the regulations adopted by the National Council for the Family and Minors under section 510(1)(8) of the Family Code, which prohibits the use of minors under 18 years of age in artistic performances. The Committee notes the information provided by the Government that the national legislation does not regulate this subject, but that the Ministry of Social Development, in collaboration with the Communication Directorate of the Ministry of Governance and Justice, is studying the relevant provisions and the possibility of adopting legislation that is applicable in this field. The Committee requests the Government to provide information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It 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 previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes with interest that the Government is cooperating with ILO/IPEC in order to eliminate child labour and signed a memorandum of understanding to this end in 1966. It further notes the Government’s statement that in 1997 it established the Committee for the Elimination of Child Labour and the Protection of Working Minors (Decree No. 25 of 15 April 1997) which is composed of some 18 bodies representing Government, employers, workers and civil society, ILO/IPEC in an advisory capacity, other United Nations agencies and international cooperation bodies. The committee’s role is to coordinate policies and programmes for improving the working conditions of minors and to prevent child labour. Its objective is to develop coordination and cooperation between the various bodies involved. The Committee notes the National Action Plan of 1998-99 to eliminate child labour sent by the Government in its report. It also notes that the abovementioned committee is involved in the drafting, monitoring and evaluation and implementation of the action plan for the gradual elimination of child labour and the protection of working minors.

The Committee notes that the Ministry of Labour has established a child labour programme (Programa de Atención al Trabajo Infantil), which is headed by the department in charge of child labour of the National Directorate of the Labour Inspectorate. The aims of the programme include: enforcement of the Labour Code, the Family Code, Conventions Nos. 138 and 182 and the relevant provisions of the Constitution; inspecting workplaces in order to check, by interviews with minors and employers, the work permits and contracts, wages, types of work performed, social security lists, working hours and other aspects of the work done by minors; to train inspectors in the use of the labour information system (SIL); to identify young people who are working without authorization; and to request the imposition of penalties on enterprises which fail to apply child labour standards. The Committee notes the detailed information supplied by the Government in its report showing the Government’s efforts to eliminate child labour. It encourages the Government to continue to provide information on the various projects under way and their effects on the application of the Convention.

The Committee notes the information supplied by the Government in its report for 2003 to the effect that under the Country Programme to Combat the Worst Forms of Child Labour in Panama (2000-05) a new national plan to eliminate child labour will be drawn up. The Government is asked to provide a copy of the plan as soon as it has been drafted.

Article 2. 1. Minimum age for admission to employment in the maritime sector. The Committee notes from the information sent by the Government in its report that resolution ADM No. 063-2002 of 16 April 2001, adopted by the Maritime Authority of Panama (AMP), amends section 36 of resolution No. 603-04-62 ALCN of 30 June 1985 by raising from 15 to 17 years the minimum age for admission on board vessels of the national merchant navy.

2. Specification of a minimum age of 14 years. The Committee notes that on ratifying the Convention, Panama specified a minimum age of 14 years for admission to employment or work, pursuant to Article 2, paragraph 4, of the Convention. It notes from the information in the Government’s report that the laws determining the minimum age of 14 years, namely the Constitution, the Labour Code and the Family Code, were adopted after consultation with all sectors of society, including employers’ and workers’ organizations. The Committee requests the Government to provide information in future reports on the reasons for its decision to maintain a minimum age of 14 years, under Article 2, paragraph 5, of the Convention.

3. Specification of a minimum age higher than that previously specified. The Committee notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) submitted to the Committee on the Rights of the Child, which will be examined at the latter’s session of May 2004, the Government indicates that the minimum age for admission to employment or work is 15 years (Article 2, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). It also notes that section 1 of Act No. 17 of 15 June 2000 approves Convention No. 138. The Committee requests the Government to indicate whether it plans to raise the minimum age for admission to employment or work from 14 to 15 years, and points out in this connection that Article 2, paragraph 2, of the Convention provides that a member State which decides to raise the minimum age for admission to employment or work initially specified may so inform the Director-General of the International Labour Office by a further declaration.

4. Age of completion of compulsory schooling. The Committee notes that, according to the Government, under the new study programme of the Ministry of Education (basic education), girls and boys must complete nine years of schooling, i.e. at 14 years of age, in accordance with the minimum age laid down by the National Constitution of the Republic, the Labour Code and the Family Code. The Committee observes that 14 years is also the minimum age for admission to employment or work specified by Panama upon ratifying the Convention. It notes that, under section 117(2) of the Labour Code, it is prohibited to employ minors under 15 years of age who have not completed their compulsory schooling. The Committee requests the Government to provide a copy of the provisions regulating the age of completion of compulsory schooling.

Article 3. Hazardous work. The Committee notes that according to section 118 of the Labour Code and section 510 of the Family Code, any work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons or which impairs school attendance, is prohibited for minors under 18 years of age, in accordance with Article 3, paragraph 1, of the Convention. However, under section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not apply to work done by minors in training establishments when the work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air and inland waterways and work on quays and vessels and in warehouses; work related to the production, processing and supplying of energy; the handling of explosive and flammable substances; and underground work in mines, quarries, tunnels or sewers.

The Committee reminds the Government that according to Article 6, the Convention does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authorities; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee also recalls that by virtue of Article 3, paragraph 3, of the Convention, 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 the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under 16 years of age working in a training establishment may be authorized under section 118(2) of the Labour Code and section 510(2) of the Family Code to perform the abovementioned hazardous activities.

The Committee further notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) to the Committee on the Rights of the Child, the Government indicates that if the safety, health and morals of the young persons are ensured, the age of admission to hazardous work is 16 years (Article 3, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). The Committee requests the Government to indicate whether this means that the Government intends to avail itself of the exception provided for in Article 3, paragraph 3, of the Convention and, if so, to report on the measures taken or envisaged to ensure that the requirements set in this provision are met.

The Committee notes the adoption of Decree No. 279 of 24 September 2003 which creates a safety and health service in order to combat child labour in dangerous and insalubrious activities. The service is headed by the Ministry of Labour and Employment Development (MITRADEL) and its purpose is to set up the necessary coordination and cooperation between all those concerned by child labour, with a view to exchanging information and experience allowing the development of activities to eliminate child labour. The service is also to formulate and disseminate directives to identify, evaluate and promote measures to remedy the employment of children in dangerous and insalubrious activities. The Committee also notes the final draft sent by the Government with its second report which deals with the objectives, operation criteria and coordination mechanisms of the abovementioned service. The Committee requests the Government to provide information on the activities of the safety and health service to combat child labour in dangerous and insalubrious activities.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that upon ratifying the Convention Panama declared that it would initially limit the scope of application of the Convention to the branches of economic activity or types of undertakings listed in Article 5, paragraph 3, of the Convention, namely: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantation and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Government further stated in its declaration that it accepted the obligations of Convention No. 138 for agriculture. The Committee would be grateful if the Government would provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of this Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Noting the efforts made by the Government with support from ILO/IPEC in the area of domestic work by children, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 7. Light work. The Committee notes that section 199 of the Labour Code allows minors 12 to 15 years of age employed on farms to undertake only light work outside school hours. It also notes that according to sections 509 and 716 of the Family Code, minors of 12 to 14 years of age may do agricultural work in accordance with the Labour Code regulations on hours of work, wages, contracts and the types of work. The Committee notes that other than the conditions of employment for normal work (sections 30-97), the Labour Code makes no provision for employment conditions to govern the performance of light work by minors 12 to 14 years of age. The Committee reminds the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws and regulations may permit the employment or work of persons 12 to 14 years of age on light work or the performance of such work by such persons on condition that the work is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall prescribe the number of hours during which and the conditions in which light work may be undertaken. The Committee notes that according to the documents appended to the Government’s report, in practice most young persons work in the agricultural sector. It accordingly requests the Government to provide information on the measures taken or envisaged to ensure that persons 12 to 14 years of age who are permitted to perform light work on farms are employed in accordance with the requirements established in Article 7, paragraph 1, of the Convention. It also asks the Government to provide information on the number of hours during which and the conditions in which, light work may be undertaken.

Article 8. Artistic performances. The Committee notes that, according to the information contained in the report, the Government has not availed itself of this provision of the Convention. It notes, however, that section 510(1)(8) of the Family Code prohibits the use of minors under 18 years of age in public performances, films, theatre, cinema advertising, radio, television or any other activity that impairs their dignity or morals, according to regulations laid down by the National Council for the Family and Minors. The Committee requests the Government to provide copies of regulations adopted by the National Council for the Family and Minors pursuant to section 510(1)(8) of the Family Code and to provide information on the practical effect given to this provision.

Part V of the report form. The Committee notes the national report on child labour produced by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) published by ILO/IPEC in March 2003. According to the statistical information contained in the report, 57,524 minors (7.6 per cent) of 5 to 17 years participate in economic activity. Of these, 47,976 (83 per cent) stated that they work. According to the same report, 25,273 minors work in agriculture. According to a report published in 2002 by IPEC giving a rapid evaluation of the situation of children in domestic work in Panama, 57 per cent of child workers 10 to 17 years of age are employed in agriculture, 11 per cent in domestic work and 14 per cent in commercial activities.

The Committee observes that the abovementioned statistics show that application of the regulations on child labour appears to be difficult in practice and that child labour is a problem. It notes in this connection that, according to the documents appended to the Government’s report, there is child labour in the following sectors in particular: agriculture, including the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work. It invites the Government to indicate the precise measures taken or envisaged to harmonize progressively the de facto situation and the law. It accordingly asks the Government to continue to provide detailed information on the practical application of the Convention, such as statistical data on the employment of children and young persons, extracts from labour inspection reports, particularly on visits carried out in agricultural sectors such as the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work.

The Committee notes the information contained in the Government’s report to the effect that the Ministry of Youth, Women, Children and the Family has prepared a draft code on comprehensive protection. It requests the Government to provide information on developments in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the detailed information supplied by the Government in its first and second reports.

Article 1 of the Convention. The Committee notes with interest that the Government is cooperating with ILO/IPEC in order to eliminate child labour and signed a memorandum of understanding to this end in 1966. It further notes the Government’s statement that in 1997 it established the Committee for the Elimination of Child Labour and the Protection of Working Minors (Decree No. 25 of 15 April 1997) which is composed of some 18 bodies representing Government, employers, workers and civil society, ILO/IPEC in an advisory capacity, other United Nations agencies and international cooperation bodies. The committee’s role is to coordinate policies and programmes for improving the working conditions of minors and to prevent child labour. Its objective is to develop coordination and cooperation between the various bodies involved. The Committee notes the National Action Plan of 1998-99 to eliminate child labour sent by the Government in its report. It also notes that the abovementioned committee is involved in the drafting, monitoring and evaluation and implementation of the action plan for the gradual elimination of child labour and the protection of working minors.

The Committee notes that the Ministry of Labour has established a child labour programme (Programa de Atención al Trabajo Infantil), which is headed by the department in charge of child labour of the National Directorate of the Labour Inspectorate. The aims of the programme include: enforcement of the Labour Code, the Family Code, Conventions Nos. 138 and 182 and the relevant provisions of the Constitution; inspecting workplaces in order to check, by interviews with minors and employers, the work permits and contracts, wages, types of work performed, social security lists, working hours and other aspects of the work done by minors; to train inspectors in the use of the labour information system (SIL); to identify young people who are working without authorization; and to request the imposition of penalties on enterprises which fail to apply child labour standards. The Committee notes the detailed information supplied by the Government in its report showing the Government’s efforts to eliminate child labour. It encourages the Government to continue to provide information on the various projects under way and their effects on the application of the Convention.

The Committee notes the information supplied by the Government in its report for 2003 to the effect that under the Country Programme to Combat the Worst Forms of Child Labour in Panama (2000-05) a new national plan to eliminate child labour will be drawn up. The Government is asked to provide a copy of the plan as soon as it has been drafted.

Article 2. 1. Minimum age for admission to employment in the maritime sector. The Committee notes from the information sent by the Government in its report that resolution ADM No. 063-2002 of 16 April 2001, adopted by the Maritime Authority of Panama (AMP), amends section 36 of resolution No. 603-04-62 ALCN of 30 June 1985 by raising from 15 to 17 years the minimum age for admission on board vessels of the national merchant navy.

2. Specification of a minimum age of 14 years. The Committee notes that on ratifying the Convention, Panama specified a minimum age of 14 years for admission to employment or work, pursuant to Article 2, paragraph 4, of the Convention. It notes from the information in the Government’s report that the laws determining the minimum age of 14 years, namely the Constitution, the Labour Code and the Family Code, were adopted after consultation with all sectors of society, including employers’ and workers’ organizations. The Committee requests the Government to provide information in future reports on the reasons for its decision to maintain a minimum age of 14 years, under Article 2, paragraph 5, of the Convention.

3. Specification of a minimum age higher than that previously specified. The Committee notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) submitted to the Committee on the Rights of the Child, which will be examined at the latter’s session of May 2004, the Government indicates that the minimum age for admission to employment or work is 15 years (Article 2, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). It also notes that section 1 of Act No. 17 of 15 June 2000 approves Convention No. 138. The Committee requests the Government to indicate whether it plans to raise the minimum age for admission to employment or work from 14 to 15 years, and points out in this connection that Article 2, paragraph 2, of the Convention provides that a member State which decides to raise the minimum age for admission to employment or work initially specified may so inform the Director-General of the International Labour Office by a further declaration.

4. Age of completion of compulsory schooling. The Committee notes that, according to the Government, under the new study programme of the Ministry of Education (basic education), girls and boys must complete nine years of schooling, i.e. at 14 years of age, in accordance with the minimum age laid down by the National Constitution of the Republic, the Labour Code and the Family Code. The Committee observes that 14 years is also the minimum age for admission to employment or work specified by Panama upon ratifying the Convention. It notes that, under section 117(2) of the Labour Code, it is prohibited to employ minors under 15 years of age who have not completed their compulsory schooling. The Committee requests the Government to provide a copy of the provisions regulating the age of completion of compulsory schooling.

Article 3. Hazardous work. The Committee notes that according to section 118 of the Labour Code and section 510 of the Family Code, any work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons or which impairs school attendance, is prohibited for minors under 18 years of age, in accordance with Article 3, paragraph 1, of the Convention. However, under section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not apply to work done by minors in training establishments when the work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air and inland waterways and work on quays and vessels and in warehouses; work related to the production, processing and supplying of energy; the handling of explosive and flammable substances; and underground work in mines, quarries, tunnels or sewers.

The Committee reminds the Government that according to Article 6, the Convention does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authorities; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee also recalls that by virtue of Article 3, paragraph 3, of the Convention, 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 the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under 16 years of age working in a training establishment may be authorized under section 118(2) of the Labour Code and section 510(2) of the Family Code to perform the abovementioned hazardous activities.

The Committee further notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) to the Committee on the Rights of the Child, the Government indicates that if the safety, health and morals of the young persons are ensured, the age of admission to hazardous work is 16 years (Article 3, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). The Committee requests the Government to indicate whether this means that the Government intends to avail itself of the exception provided for in Article 3, paragraph 3, of the Convention and, if so, to report on the measures taken or envisaged to ensure that the requirements set in this provision are met.

The Committee notes the adoption of Decree No. 279 of 24 September 2003 which creates a safety and health service in order to combat child labour in dangerous and insalubrious activities. The service is headed by the Ministry of Labour and Employment Development (MITRADEL) and its purpose is to set up the necessary coordination and cooperation between all those concerned by child labour, with a view to exchanging information and experience allowing the development of activities to eliminate child labour. The service is also to formulate and disseminate directives to identify, evaluate and promote measures to remedy the employment of children in dangerous and insalubrious activities. The Committee also notes the final draft sent by the Government with its second report which deals with the objectives, operation criteria and coordination mechanisms of the abovementioned service. The Committee requests the Government to provide information on the activities of the safety and health service to combat child labour in dangerous and insalubrious activities.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that upon ratifying the Convention Panama declared that it would initially limit the scope of application of the Convention to the branches of economic activity or types of undertakings listed in Article 5, paragraph 3, of the Convention, namely: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantation and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Government further stated in its declaration that it accepted the obligations of Convention No. 138 for agriculture. The Committee would be grateful if the Government would provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of this Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Noting the efforts made by the Government with support from ILO/IPEC in the area of domestic work by children, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 7. Light work. The Committee notes that section 199 of the Labour Code allows minors 12 to 15 years of age employed on farms to undertake only light work outside school hours. It also notes that according to sections 509 and 716 of the Family Code, minors of 12 to 14 years of age may do agricultural work in accordance with the Labour Code regulations on hours of work, wages, contracts and the types of work. The Committee notes that other than the conditions of employment for normal work (sections 30-97), the Labour Code makes no provision for employment conditions to govern the performance of light work by minors 12 to 14 years of age. The Committee reminds the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws and regulations may permit the employment or work of persons 12 to 14 years of age on light work or the performance of such work by such persons on condition that the work is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall prescribe the number of hours during which and the conditions in which light work may be undertaken. The Committee notes that according to the documents appended to the Government’s report, in practice most young persons work in the agricultural sector. It accordingly requests the Government to provide information on the measures taken or envisaged to ensure that persons 12 to 14 years of age who are permitted to perform light work on farms are employed in accordance with the requirements established in Article 7, paragraph 1, of the Convention. It also asks the Government to provide information on the number of hours during which and the conditions in which, light work may be undertaken.

Article 8. Artistic performances. The Committee notes that, according to the information contained in the report, the Government has not availed itself of this provision of the Convention. It notes, however, that section 510(1)(8) of the Family Code prohibits the use of minors under 18 years of age in public performances, films, theatre, cinema advertising, radio, television or any other activity that impairs their dignity or morals, according to regulations laid down by the National Council for the Family and Minors. The Committee requests the Government to provide copies of regulations adopted by the National Council for the Family and Minors pursuant to section 510(1)(8) of the Family Code and to provide information on the practical effect given to this provision.

Part V of the report form. The Committee notes the national report on child labour produced by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) published by ILO/IPEC in March 2003. According to the statistical information contained in the report, 57,524 minors (7.6 per cent) of 5 to 17 years participate in economic activity. Of these, 47,976 (83 per cent) stated that they work. According to the same report, 25,273 minors work in agriculture. According to a report published in 2002 by IPEC giving a rapid evaluation of the situation of children in domestic work in Panama, 57 per cent of child workers 10 to 17 years of age are employed in agriculture, 11 per cent in domestic work and 14 per cent in commercial activities.

The Committee observes that the abovementioned statistics show that application of the regulations on child labour appears to be difficult in practice and that child labour is a problem. It notes in this connection that, according to the documents appended to the Government’s report, there is child labour in the following sectors in particular: agriculture, including the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work. It invites the Government to indicate the precise measures taken or envisaged to harmonize progressively the de facto situation and the law. It accordingly asks the Government to continue to provide detailed information on the practical application of the Convention, such as statistical data on the employment of children and young persons, extracts from labour inspection reports, particularly on visits carried out in agricultural sectors such as the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work.

The Committee notes the information contained in the Government’s report to the effect that the Ministry of Youth, Women, Children and the Family has prepared a draft code on comprehensive protection. It requests the Government to provide information on developments in this respect.