Worst Forms of Child Labour Convention, 1999 (No. 182) - 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 3(a) and (b) of the Convention. Worst forms of child labour. Trafficking and commercial sexual exploitation of children. The Committee notes the adoption, in February 2022, of Law No. 285 which creates a System of Guarantees and Comprehensive Protective Rights of Children and Adolescents. More particularly, the Committee notes that section 110 prohibits all forms of commercial exploitation of children, and section 111 imposes on the State a duty to protect children from commercial sexual exploitation. The Committee takes note of the information provided by the Government that, out of the 22,530 complaints relating to sexual offences against minors, received and registered by the Council for the Prevention of Sexual Crimes (CONAPREDES) between 2019 and 2022, 6 per cent correspond to complaints linked to crimes of sexual exploitation (1,368 cases, involving 1,865 underaged victims – 78 per cent girls, 20 per cent boys and 2 per cent unidentified). Among these 1,368 complaints relating to sexual exploitation, the Government states that 73 per cent relate to cases of corruption of minors, 13 per cent to child pornography, five per cent to possession of child pornography, three per cent to pimping, two per cent to paid sexual relations with minors, two per cent to showing pornographic material to minors, and 2 per cent to sexual tourism. The Government further indicates that between January 2020 and March 2023, a total of 102 convictions relating to sexual offences were handed down. Among these, 19 per cent for possession of child pornography, eight per cent for child pornography and three per cent for pimping.

The Committee notes the Government’s statement that, for the reporting period, no information is available from the Observatory examining the sexual exploitation of children and young persons which was established by the University of Panama in 2018. It notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), that Panama remains a country of origin, transit and destination for trafficking in persons for purposes of sexual exploitation, forced labour and sexual servitude affecting women and girls (CEDAW/C/PAN/CO/8, 1 March 2022, paragraph 25(b)). It further notes the concluding observations of the United Nations Human Rights Committee under the International Covenant on Civil and Political Rights (CCPR), in which it expressed its concern about the persisting trafficking for the purpose of sexual exploitation and forced labour, particularly of women and girls, and the low number of prosecutions and convictions, despite the efforts made by the Government (CCPR/C/PAN/CO/4, 12 April 2023, paragraph 29). The Committee therefore requests the Government to pursue its efforts to prevent the trafficking of children for the purposes of both sexual and labour exploitation. It requests the Government to provide information on the results achieved, including by continuing to provide information on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed relating to the trafficking and commercial sexual exploitation of children.

Articles 6 and 7(2). Programme of action and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for their removal from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee takes note of the updated National Plan of Action to combat trafficking 2022–27. It notes the Government’s indication that the National Commission against Human Trafficking is responsible for: (1) monitoring the actions undertaken to prevent and repress the crime of trafficking in persons; (2) providing assistance and care to the victims identified; (3) monitoring and evaluating the National Plan of Action; and (4) measuring the results of policies adopted for implementation at the national and international levels. The Government also indicates that the National Secretariat for Children, Young Persons and the Family (SENNIAF), when providing assistance to child victims, refers to the Manual for the treatment of children and young persons victims and survivors of sexual assault, which sets out the procedure to be followed when providing care to children aged 4 to 17 years, including child victims of commercial sexual exploitation. The Committee further notes the indication that the SENNIAF designed the Road map for the restitution of rights for cases of child labour, which establishes the various procedures to follow when providing assistance to children saved from child labour and its worst forms and includes: (1) a procedure to receive complaints; (2) a procedure for analysing cases and creating an action plan; and (3) a procedure for referral to other services and removing victims of child labour.

The Committee notes the Government’s indication that, in 2022, 30 victims of trafficking for the purpose of sexual exploitation were identified, of which 30 per cent were aged 6 to 15 years. The Government adds that, in 2022, the SENNIAF provided assistance to a total of 15 victims of trafficking aged 0 to 17 years (six girls and nine boys).

The Committee notes the CONATO’s commitment to raise awareness and to provide training to workers to better enable them to denounce, monitor and fight for the eradication of the worst forms of child labour. It notes from the CONATO’s observations that there is a need for a closer cooperation between police authorities and the CONATO with regard to trafficking in persons. The Committee requests the Government to provide information on: (i) the assessment made of the National Plan of Action to combat trafficking 2017–22 by the National Commission against Human Trafficking and how it informed the elaboration of the 2022–27 plan; and (ii) the measures taken and results achieved within the context of the updated National Action Plan to combat trafficking in persons 2022–27 for the removal of children from trafficking for both labour and sexual exploitation and their rehabilitation and social integration. It also requests the Government to continue to provide information on the number of children who have been identified and removed from these worst forms of child labour and provided with direct assistance.

Article 7(2). Clauses (a) and (d). Providing access to free basic education and children at special risk.Children from indigenous and Afro-descendent communities. The Committee notes the Government’s indication that it took measures to address the poor living and working conditions of indigenous children, in particular those who work in cane fields and coffee plantations. More specifically, the Government, in coordination with the NGO “Casa Esperanza” undertook various operations during the harvest season to provide comprehensive care to children and adolescents which were identified as being engaged in child labour in the sugar and coffee plantations. Between 2020 and 2022, 35 children (27 boys and eight girls) of indigenous or Afro-descent communities were identified and received direct assistance. The Committee notes, however, that the Government does not provide information on the measures taken to ensure access to education of children of indigenous and afro-descendent communities. The Committee further notes, from the concluding observations of the CCPR, the concerns about the extent of child labour, in particular in the agricultural sector, which concerns mainly children of Afro-descendent and of indigenous communities (CCPR/C/PAN/CO/4, paragraph 29). The Committee takes note of the measures taken by the Government to protect children from indigenous and Afro-descendent communities from the worst forms of child labour and requests it to pursue its efforts in this regard. Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee also requests the Government to provide information on the specific measures taken to ensure access of these children to free basic education and the results achieved.

Child domestic workers. The Committee notes the Government’s information that the Ministry of Labour and Labour Development (MITRADEL), through the Directorate against Child Labour and the Protection of Young Workers (DIRETIPAT) and in compliance with the procedures established in the road map for comprehensive action on domestic child labour, received and dealt with three complaints of child labour in domestic work between 2020 and 2023. The Government further indicates that the DIRETIPAT organizes awareness-raising days on the risks of child domestic work with the aim of promoting a culture of denouncing cases of child domestic labour. The Committee requests the Government to continue to provide information on: (i) the conclusions of the above-mentioned three cases dealt with by the DIRETIPAT; (ii) the measures taken with a view to preventing children from becoming victims of this worst form of child labour and the results achieved; and (iii) the number of children identified, removed from this worst form of child labour and who were provided with direct assistance to ensure their rehabilitation and social integration.

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, as well as on the basis of the information at its disposal in 2019.

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children for sexual exploitation. In its previous comments, the Committee requested the Government to ensure that in-depth investigations and robust prosecutions are undertaken against those responsible for trafficking of children for sexual exploitation and that sufficiently effective and dissuasive penalties are applied. It requested the Government to provide statistics on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed in this regard.

The Committee notes in the Government's report that, according to the 2018 report of the Public Prosecutor's Office concerning crimes of child sexual exploitation, Panama has registered a total of 131 reports related to child trafficking for the purposes of sexual exploitation, such as child pornography, the production of pornographic material, performances involving children and paid sexual relations with minors. According to the Government's report, this represents a decrease in the number of crimes related to the sale and trafficking of children for sexual exploitation compared with previous years.

The Committee notes Panama’s combined fifth and sixth periodic reports to the United Nations Committee on the Rights of the Child of 2016, attached to the Government’s report. This report refers to mechanisms put in place by the Government on the prevention and elimination of commercial sexual exploitation of children and adolescents between 2011 and 2015. It also notes the training on the Protocol for the detection, processing and follow-up of cases of children at risk in the education system in 2017, organized by the Council for the Prevention of Sexual Crimes (CONAPREDES) and by the Ministry of Education. The Committee also notes the Government’s supplementary information to the effect that an observatory examining the sexual exploitation of children and young persons was established by the University of Panama in 2018, in partnership with CONAPREDES. The purpose of this observatory is to carry out regular monitoring of the situation, including with a view to making recommendations and devising strategies for CONAPREDES for the prevention and suppression of the sexual exploitation of children, and for the protection of victims. While noting the Government’s efforts to prevent trafficking of children for the purposes of sexual exploitation, the Committee once again requests the Government to provide statistics on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed in this regard. It also requests the Government to provide information on the activities carried out and the statistics collected by the above-mentioned observatory on the sexual exploitation of children and young persons.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to provide specific information on the results achieved through the various programmes implemented for the eradication of child labour and its worst forms in practice.

The Committee notes, in the Government’s report, the reporting mechanism developed by the National Directorate to Combat Child Labour and Protect Young Workers (DIRETIPPAT). Between 2016 and 2018, 33 cases of child labour were reported in activities such as car washing, recycling, domestic work, fishing, construction and street-vending. The Government adds in its supplementary information that in 2019 four cases of child labour were registered after being reported.

The Committee notes in the Government's report the expansion across the whole country of the 2007 National Direct Action Programme for the prevention and elimination of child labour. This programme ensures the development and implementation of the strategy for the management of child labour cases. It consists of a mechanism for the monitoring and follow-up of children who work, specifically in the street and in certain high-risk areas, and children in situations of vulnerability; activities carried out in schools; actions to support families and also the granting of conditional cash transfers for each child engaged in work who undertakes to continue his or her studies. In 2018, 1,451 children received a conditional cash transfer. In 2018–2019, nearly 10,000 persons from the community and public institutions were involved in training or awareness-raising activities on the elimination of child labour. The Government adds that, in the context of this programme, children who work or are at risk of doing so are cared for by an institutional network whose areas of operation include education and health. It explains that in 2019–20 nearly 3,000 children and young persons benefited from the National Direct Action Programme for the prevention and elimination of child labour. The Government also refers to the implementation of the “Districts without child labour” strategy, which enables work plans tailored to the districts to be drawn up in order to prevent and eradicate child labour. The Committee requests the Government to continue its efforts to eradicate child labour and its worst forms. It requests the Government to continue to provide information on the results achieved in the framework of its programmes to remove children from the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. In its previous comments, the Committee requested the Government to provide information on the measures adopted and results achieved in the context of the National Plan of Action to combat trafficking in persons for the removal of children from trafficking and their rehabilitation and social integration. It also requested the Government to provide information on the measures taken to strengthen the effectiveness of the work of the national police and other law enforcement agencies.

The Committee notes in the Government’s report concerning the application of the Forced Labour Convention, 1930 (No. 29) that in 2018, there were two cases of trafficking of Panamanian children outside the country. The Government also indicates, in its supplementary information, that in September 2020 one individual was convicted for trafficking a 17-year-old person from an indigenous community for exploitation in domestic work.

The Committee notes the approval by the Ministry of Public Security in May 2018 of the National Action Plan to combat trafficking in persons 2017-2022. It notes that the National Secretariat for Children, Adolescents and the Family, in coordination with other State entities, is tasked with coordinating awareness-raising, early detection of victims and the development of an action protocol for the protection of victims of trafficking in persons.

With regard to the sexual exploitation of children, the Government indicates that between August 2019 and August 2020, a total of 25,270 persons participated in activities to raise awareness on sexual exploitation, and 2,161 professionals, including members of the police, social workers and members of non-governmental organizations, were trained in the field of care and protection for victims of sexual exploitation. Considering once again the low number of cases of children rescued from trafficking registered by the Government, the Committee requests the Government to indicate the measures taken or envisaged to strengthen the effectiveness of the work of the national police and other law enforcement agencies. The Committee also requests it to provide information on the measures taken and results achieved within the context of the National Action Plan to combat trafficking in persons 2017-2022 for the removal of children from trafficking for both labour and sexual exploitation and their rehabilitation and social integration.

Article 7(2). Clause (d). Children at special risk. 1. Children from indigenous and Afro-descendent communities. In its previous comments, the Committee requested the Government to continue taking effective measures to ensure the protection of children from indigenous and Afro-descendent communities against the worst forms of child labour, particularly through their access to education. It requested the Government to provide information on the results achieved.

The Committee notes in the Government's report the capacity-building programme for public servants and trade union members on child labour, led by the NGO, “Casa Esperanza”. The programme focused particularly on coffee production areas in indigenous communities’ regions. According to DIRETIPPAT statistics, between 2016 and the first quarter of 2019 in the region of the Comarca Ngäbe-Buglé, which has a large proportion of indigenous workers, 341 children engaged in the worst forms of child labour (136 girls and 205 boys) were registered (275 cases in 2016, 50 cases in 2017, ten cases in 2018 and 6 cases in the first quarter of 2019).

The Committee also notes the project of the NUTREHOGAR Foundation, under the direction of CONAPREDES, to combat the commercial sexual exploitation of children and adolescents in indigenous communities, which are the most vulnerable communities particularly in terms of access to justice, according to the Government. The project’s awareness-raising activities benefited a total of 10,787 children, adolescents and adults throughout the country. The Committee requests the Government to continue to provide information on the results achieved to ensure the protection of children particularly exposed to the risk of the worst forms of child labour, including by ensuring their access to education. As far as possible, these data should be disaggregated by age, gender and ethnic origin.

2. Child domestic workers. The Committee previously requested the Government to provide information on the preparation of the guide for comprehensive action on child labour in domestic work and to provide a copy once it had been completed. It also requested the Government to provide information on the results achieved in removing children from this worst form of child labour.

The Committee notes in the Government’s report the road map for comprehensive action on domestic child labour. This road map details the various stages of intervention, such as the receipt of complaints, legal procedures, child protection and follow-up, and children’s access to a range of existing services and programmes in the areas of healthcare, education, occupation and the family. The Committee welcomes the Government’s supplementary information indicating that, pursuant to Executive Decree No. 1 of 5 January 2016, the list of hazardous types of work in the context of the worst forms of child labour has been updated and now prohibits children under 18 years of age from performing any kind of domestic work. While noting the measures taken by the Government to remove children from this worst form of child labour, the Committee requests the Government to provide statistical information on the results of the implementation of the road map for comprehensive action on child labour in domestic work.

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

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children for sexual exploitation. In its previous comments, the Committee requested the Government to ensure that in-depth investigations and robust prosecutions are undertaken against those responsible for trafficking of children for sexual exploitation and that sufficiently effective and dissuasive penalties are applied. It requested the Government to provide statistics on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed in this regard.

The Committee notes in the Government's report that, according to the 2018 report of the Public Prosecutor's Office concerning crimes of child sexual exploitation, Panama has registered a total of 131 reports related to child trafficking for the purposes of sexual exploitation, such as child pornography, the production of pornographic material, performances involving children and paid sexual relations with minors. According to the Government's report, this represents a decrease in the number of crimes related to the sale and trafficking of children for sexual exploitation compared with previous years.

The Committee notes Panama’s combined fifth and sixth periodic reports to the United Nations Committee on the Rights of the Child of 2016, attached to the Government’s report. This report refers to mechanisms put in place by the Government on the prevention and elimination of commercial sexual exploitation of children and adolescents between 2011 and 2015. It also notes the training on the Protocol for the detection, processing and follow-up of cases of children at risk in the education system in 2017, organized by the Council for the Prevention of Sexual Crimes (CONAPREDES) and by the Ministry of Education. While noting the Government’s efforts to prevent trafficking of children for the purposes of sexual exploitation, the Committee once again requests the Government to provide statistics on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed in this regard.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to provide specific information on the results achieved through the various programmes implemented for the eradication of child labour and its worst forms in practice.

The Committee notes, in the Government’s report, the reporting mechanism developed by the National Directorate to Combat Child Labour and Protect Young Workers (DIRETIPPAT). Between 2016 and 2018, 33 cases of child labour were reported in activities such as car washing, recycling, domestic work, fishing, construction and street-vending.

The Committee notes in the Government's report the expansion across the whole country of the 2007 National Direct Action Programme for the prevention and elimination of child labour. This programme ensures the development and implementation of the strategy for the management of child labour cases. It consists of a mechanism for the monitoring and follow-up of children who work, specifically in the street and in certain high-risk areas; activities carried out in schools; actions to support families and also the granting of conditional cash transfers for each child engaged in work who undertakes to continue his or her studies. In 2018, 1,451 children received a conditional cash transfer and 24,320 persons from the community and public institutions were involved in training or awareness-raising activities on the elimination of child labour. The Committee requests the Government to continue its efforts to eradicate child labour and its worst forms. It requests the Government to continue to provide information on the results achieved in the framework of its programmes to remove children from the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from these types of work and for their rehabilitation and social integration. Trafficking of children. In its previous comments, the Committee requested the Government to provide information on the measures adopted and results achieved in the context of the National Plan of Action to combat trafficking in persons for the removal of children from trafficking and their rehabilitation and social integration. It also requested the Government to provide information on the measures taken to strengthen the effectiveness of the work of the national police and other law enforcement agencies.

The Committee notes in the Government’s report concerning the application of the Forced Labour Convention, 1930 (No. 29) that in 2018, there were two cases of trafficking of Panamanian children outside the country.

The Committee also notes the approval by the Ministry of Public Security in May 2018 of the National Action Plan to combat trafficking in persons 2017-2022. It notes that the National Secretariat for Children, Adolescents and the Family, in coordination with other State entities, is tasked with coordinating awareness-raising, early detection of victims and the development of an action protocol for the protection of victims of trafficking in persons. Considering once again the low number of cases of children rescued from trafficking registered by the Government, the Committee requests the Government to indicate the measures taken or envisaged to strengthen the effectiveness of the work of the national police and other law enforcement agencies. The Committee also requests it to provide information on the measures taken and results achieved within the context of the National Action Plan to combat trafficking in persons 2017-2022 for the removal of children from trafficking and their rehabilitation and social integration.

Article 7(2). Clause (d). Children at special risk. 1. Children from indigenous and Afro-descendent communities. In its previous comments, the Committee requested the Government to continue taking effective measures to ensure the protection of children from indigenous and Afro-descendent communities against the worst forms of child labour, particularly through their access to education. It requested the Government to provide information on the results achieved.

The Committee notes in the Government's report the capacity-building programme for public servants and trade union members on child labour, led by the NGO, “Casa Esperanza”. The programme focused particularly on coffee production areas in indigenous communities’ regions. According to DIRETIPPAT statistics, between 2016 and the first quarter of 2019 in the region of the Comarca Ngäbe-Buglé, which has a large proportion of indigenous workers, 341 children engaged in the worst forms of child labour (136 girls and 205 boys) were registered (275 cases in 2016, 50 cases in 2017, ten cases in 2018 and 6 cases in the first quarter of 2019).

The Committee also notes the project of the NUTREHOGAR Foundation, under the direction of CONAPREDES, to combat the commercial sexual exploitation of children and adolescents in indigenous communities, which are the most vulnerable communities particularly in terms of access to justice, according to the Government. The project’s awareness-raising activities benefited a total of 10,787 children, adolescents and adults throughout the country. The Committee requests the Government to continue to provide information on the results achieved to ensure the protection of children particularly exposed to the risk of the worst forms of child labour, including by ensuring their access to education. As far as possible, these data should be disaggregated by age, gender and ethnic origin.

2. Child domestic workers. The Committee previously requested the Government to provide information on the preparation of the guide for comprehensive action on child labour in domestic work and to provide a copy once it had been completed. It also requested the Government to provide information on the results achieved in removing children from this worst form of child labour.

The Committee notes in the Government’s report the road map for comprehensive action on domestic child labour. This road map details the various stages of intervention, such as the receipt of complaints, legal procedures, child protection and follow-up, and children’s access to a range of existing services and programmes in the areas of healthcare, education, occupation and the family. While noting the measures taken by the Government to remove children from this worst form of child labour, the Committee requests the Government to provide statistical information on the results of the implementation of the road map for comprehensive action on child labour in domestic work.

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

Article 3(3) of the Convention. Worst forms of child labour. Sale and trafficking of children for sexual exploitation. Further to its previous comments, the Committee notes the adoption on 9 November 2011 of the Act to combat trafficking in human beings and related crimes (No. 79 of 2011), which provides for higher penalties in cases where the victim is under 18 years of age and, in certain circumstances, for more severe penalties when the victim is under 14 years of age (sections 60 and 63). The new Act strengthens the National Policy Against Trafficking and takes into consideration all of the dimensions of the problem, and provides, among other measures, for the establishment of a National Plan of Action to Combat Trafficking in Persons and various measures for the protection and reintegration of victims. The Government indicated that the secretariat of the National Committee for the Prevention of Crimes of Sexual Exploitation (CONAPREDES) is collecting information on the penalties handed down in 2011 and 2012 from the Office of the Public Prosecutor and the judicial authorities. The Committee also previously noted that section 318 of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes anyone who uses a minor in the trade, purchase, sale or transfer of drugs with penalties of up to 30 years of imprisonment.

The Committee notes that, according to the information provided by the Government, the CONAPREDES recorded 634 investigations into crimes of sexual exploitation in 2014 and 1,120 investigations in 2015. However, the Government indicates that for the period 2009–16, there were only 17 convictions and ten final convictions, with the penalties ranging from 32 months of imprisonment for the corruption of a minor to ten years of imprisonment for paid sexual relations with a minor. The Committee recalls that even the best legislation only has real value when it is applied and that, whatever the severity of the penalties laid down, they will only be effective if they are applied in practice, which requires measures so that cases of violations can be referred to the judicial and administrative authorities and for these authorities to be strongly encouraged to apply such penalties (see General Survey on the fundamental Conventions, 2012, paragraph 639). The Committee therefore requests the Government to ensure that in-depth investigations and robust prosecutions are undertaken against those responsible for trafficking of children for sexual exploitation and that sufficiently effective and dissuasive penalties are applied. It requests the Government to continue providing information on the application in practice of the provisions of Act No. 79 of 2011, and particularly statistics on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed in this regard.

Article 5. Monitoring mechanisms and effective application of the Convention. In its previous comments, the Committee noted that the National Directorate to Combat Child Labour and Protect Young Workers (DIRETIPPAT) oversees labour inspection and is responsible for carrying out programmes for children, parents and employers with a view to the elimination of child labour. It noted that, even though the number of violations reported by the labour inspection services was relatively high in 2010 and 2011 (1,596 cases), the number of cases in which penalties were applied was low (seven cases). The Committee also noted that the objective of the ILO–IPEC project “Building effective policies against child labour in Ecuador and Panama”, launched at the beginning of 2013, is to improve public policies and law enforcement in combating child labour and that the project focuses on strengthening the labour inspectorate.

The Committee notes the Government’s indication that it has increased the measures taken to train professionals engaged in combating child labour (including, prosecutors, police officers, customs officers, the National Secretariat for Children, Young Persons and the Family (SENNIAF), teachers and health professionals). The Government adds that, in the context of the ILO–IPEC project, the strategy has been to reinforce the capacities of national, regional and municipal institutions with a view to achieving coordinated action and the application of public policies in specific sectors and geographical areas. Among the action undertaken by the project, the Committee notes the multi-sectoral protocol for the detection and treatment of cases of child labour, implemented by MITRADEL and focusing on the regions of Darién and the Comarca Ngäbe-Buglé. The Committee also notes that the ILO–IPEC project has provided support for the implementation of a binational agreement on migration and child labour between Panama and Costa Rica, particularly focusing on the Ngäbe-Buglé population, which migrates for the coffee harvest. Moreover, with the INADEH, the project has managed to develop a supplementary training module for the eradication of child labour, which has involved the development of a training course for the INADEH, the preparation of a facilitators manual and the training of facilitators. The Committee further notes that, despite the detailed information on the programmes implemented by the Government, the latter has not provided any information on the results achieved. The Committee therefore requests the Government to provide specific information on the results achieved through the various programmes implemented, including the ILO–IPEC project, for the eradication of child labour in practice.

Articles 6 and 7(2). Programmes of action and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. The Committee previously noted the approval of the National Plan of Action to Combat Trafficking in Persons, the general objective of which is to achieve better coordination of the action taken to prevent and combat trafficking at the national level. The main strategies include: (i) prevention; (ii) protection and assistance to victims; (iii) investigations and prosecutions; and (iv) national and international cooperation. A National Commission to Combat Trafficking in Persons has been established to implement and monitor the Plan of Action, and brings together national institutions, including the SENNIAF, NGOs and civil society actors.

Among the measures taken in the context of the National Plan of Action, the Committee notes the approval of a Decree of 6 September 2016 under Act No. 79 of 2001 against trafficking, which is expected to result in the more effective application of penalties against those responsible for trafficking. The Government adds that the National Institute for Women (INAMU) and the national police have secured accommodation for victims of trafficking. In December 2014, the Prison Administration and the United Nations Office on Drugs and Crime (UNODC) inaugurated the first “Gesell Chamber” in Panama to protect the safety of victims involved in criminal proceedings as witnesses, particularly for children and young persons. The Directorate of Judicial Investigation (DIJ) of the national police has created the post of Deputy Prosecutor specializing in organized crime with a view to setting up a special unit dedicated to the investigation and prosecution of those responsible. The Government adds that in 2015 the SENNIAF only recorded one case of a girl aged between 11 and 14 years who had been saved from trafficking and repatriated to her country of origin. The Committee also notes the Government’s indication that the SENNIAF has organized awareness-raising days for children, young persons and their parents. Between 2014 and June 2016, 403 parents and 1,296 children and young persons participated in these awareness-raising days on such varied subjects as stress management, drug problems and the causes and consequences of child labour. The Committee requests the Government to provide information on the measures adopted and the results achieved in the context of the National Plan of Action to Combat Trafficking in Persons for the removal of children from trafficking and their rehabilitation and social integration. Given the low number of cases of children rescued from trafficking registered by SENNIAF, the Committee asks the Government to indicate the measures taken or envisaged to strengthen the effectiveness of the work of the national police and other law enforcement agencies. It encourages the Government to continue taking effective and time-bound measures to prevent children from becoming engaged in the worst forms of child labour, their removal and their rehabilitation and social integration, and to provide information on the results achieved in this respect.

Article 7(2). Clause (d). Children at special risk. 1. Children from indigenous and Afro-descendent communities. The Committee previously noted that 7 per cent of children between the ages of 5 and 17 years were engaged in work, and that this rate was 35 per cent in the indigenous population. Moreover, the enrolment rate in secondary education was 67 per cent at the national level, but was only 39 per cent in the Ngäbe-Buglé region, an area with a high concentration of indigenous people. The Committee noted that the ILO–IPEC project “Building effective policies against child labour in Ecuador and Panama” includes an important component for indigenous and Afro-descendent populations.

The Committee notes the Government’s indication that the ILO–IPEC project has established coordinated care at the local level to identify, address and follow up cases of child labour and that this involves the various actors engaged in action to combat child labour. Awareness-raising campaigns were also carried out in the Ngäbe-Buglé region in 2014 and 2015 to raise the awareness of children and their parents concerning the difference between work in the context of training, ancestral work and child labour, and to encourage parents to remove their children from work considered to constitute child labour. Moreover, in March 2016, an agreement was concluded between the FAO, “Casa Esperanza”, the ILO and MITRADEL for the development of a comprehensive strategy to keep children in the education system in areas where the indigenous population is of most significance. The signatories undertook to renew their efforts for the eradication of child labour in the two coffee harvesting areas in the Province of Chiriquí. Recalling that children of indigenous and Afro-descendent populations are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to continue taking effective and time-bound measures to ensure the protection of these children against the worst forms of child labour, particularly through their access to education. It requests the Government to provide information on the results achieved, including through the March 2016 agreement referred to above. To the extent possible, the data should be disaggregated by age, gender and ethnic origin.

2. Child domestic workers. Further to its previous comments, the Committee notes the Government’s indication that a telephone line has been set up to report violations and that 12 denunciations of child domestic work have been received and addressed. The Committee also notes the preparation of a guide for comprehensive action on child labour in domestic work, which is being prepared in collaboration between the MITRADEL, DIRETIPPAT and the ILO–IPEC project. The guide will include a mechanism to identify cases of children engaged in domestic work and a process for addressing these cases. The Committee requests the Government to provide information on the preparation of the guide referred to above and to provide a copy once it has been completed. It also requests the Government to provide information on the results achieved in removing children from this worst form of child labour.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Following its previous comments, the Committee notes the adoption of the Law against Trafficking in Persons and Related Activities (No. 79 of 2011) on 9 November 2011, which provides for aggravated penalties in cases where the victim is a child under 18 years of age and in some cases even more severe penalties in cases where the victim is a child under 14 years of age (sections 60 and 63). The new Law further strengthens the National Policy against Trafficking and provides for a comprehensive coverage of the issue, including the establishment of a National Action Plan against Trafficking in Persons and several measures to protect and reintegrate victims. The Committee notes the Government’s information that only one case of child trafficking for sexual exploitation was investigated between 2011 and 2012, and two persons sentenced to five years imprisonment in 2009. The Government indicates that the Secretariat of the National Committee for the Prevention of Sexual Exploitation Crimes (CONAPREDES) is collecting information from the Office of the Public Prosecutor and the judiciary on sanctions applied in 2011 and 2012. The Committee, however, notes that the Government’s report does not provide information on child trafficking for labour exploitation. The Committee therefore requests the Government to provide information in its next report on the practical application of the provisions of Law No. 79 of 2011, especially statistics on the number of investigations carried out, prosecutions and penal sanctions imposed for the sale and trafficking of children for sexual and labour exploitation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. Further to its previous comments, the Committee notes the Government’s information that seven cases of paid sexual relations with minors, 66 cases of child pornography and 191 cases of corruption of minors were investigated between 2011 and 2013. The Committee notes that, in 2009, five persons were convicted for pimping and one person for child pornography. The Committee requests the Government to provide in its next report updated information on the number of investigations carried out, prosecutions, convictions and penal sanctions applied for child pornography and use, procuring or offering of a child for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that section 318 of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes anyone who trades, purchases, sells or transfers drugs by penalties of up to 30 years’ imprisonment, when a child under 18 years is used to commit the offence. Considering that the Government’s report contains no information on this point, the Committee again requests the Government to provide information on the practical application of section 318 of the Penal Code, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Articles 5 and 7(1). Monitoring mechanisms and effective application of the Convention. Labour inspectorate. In its previous comments, the Committee noted that while the number of violations detected by the labour inspectorate was quite high between 2006 and 2008 (1,830 cases), the number of cases in which penalties were applied was low (eight cases).

The Committee notes from the information provided by the Government in its report that the Ministry of Labour (MITRADEL) established the National Bureau against Child Labour and for the Protection of Adolescent Workers (DIRETIPPAT), which is in charge of overseeing labour inspections and carrying out programmes for children, parents and employers with the objective of eliminating child labour. The Committee notes that the number of labour inspectors has increased and that inspectors receive continuous training on child labour and its worst forms by the DIRETIPPAT; at least one national training session is carried out per year. It further notes that in 2010, 1,020 visits were carried out by the labour inspectorate to detect cases of child labour and, in 2011, this number increased to 2,534 inspections. Although a total of 1,596 violations were reported, only four penalties were applied in 2010 and three penalties in 2011.

The Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 21 December 2011 expressed concern that the country has no effective labour inspection system and other mechanisms to protect children who work and who do not have an identification document or legal identity (CRC/C/PAN/CO/3-4, paragraph 66). It further notes that the objective of the ILO–IPEC project “Building effective policies against child labour in Ecuador and Panama” which started operations in early 2013 is to improve public policies and law enforcement in combating child labour and includes a focus on strengthening the labour inspectorate.

The Committee recalls again that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions of the Convention, including through the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee, therefore, requests the Government to take the necessary measures to strengthen the capacity of the law enforcement agencies, in order to ensure that the perpetrators are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information on the results achieved in this regard, in particular through the ILO–IPEC project.

Articles 6 and 7(2). Programmes of action and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. National Action Plan against Trafficking in Persons (2012–17). The Committee takes due note of the adoption of the Executive Decree No. 464 of 2 July 2012 approving the National Action Plan against Trafficking in Persons. It notes that the main objective of this action plan is to better coordinate actions to prevent and combat trafficking in persons at the national level. The main strategies and goals include: (i) prevention; (ii) protection and assistance to victims; (iii) investigation and prosecution; and (iv) international and national cooperation. A National Commission against Trafficking in Persons has been established to implement and monitor the action plan, bringing together governmental institutions, including the National Office for Children and Young Persons (SENNIAF), non-governmental organizations (NGOs) and civil society actors. The Committee also notes that the SENNIAF participated in the drafting of a manual on identifying and providing assistance to victims of trafficking. The Committee requests the Government to provide information on the measures taken and results obtained within the framework of the National Action Plan for the removal, rehabilitation and social integration of child victims of trafficking.

2. National Plan for the prevention and eradication of child labour and the protection of young workers (2007–11). The Committee notes the Government’s indication that in order to achieve the objectives established in the Decent Work Hemispheric Agenda of eliminating the worst forms of child labour by 2015 and eliminating child labour by 2020, the Government has adopted, in addition to the roadmap, a national plan to fight child labour. The plan sets out the following nine strategic steps: (1) strengthen the efforts of the MITRADEL; (2) establish six working groups corresponding to the six dimensions of the roadmap mentioned above; (3) create 14 regional directorates and agencies against child labour and for the protection of young workers; (4) strengthen the labour inspectorate through the signing of a protocol on assistance, prevention and sanctions for the eradication of child labour; (5) take steps to ensure that the National Assembly harmonizes national laws with international Conventions; (6) provide direct assistance programmes to eradicate child labour focusing on vulnerable areas and regions with a high concentration of child labour; (7) promote the criminalization of the recruitment of child labour in hazardous works; (8) coordinate institutionally the follow-up to child labour cases; and (9) promote international cooperation to eradicate child labour. According to the Government’s information, in 2011, a total of 2,151 children benefited from the assistance of the Committee for the Eradication of Child Labour and the Protection of Adolescents Workers and 1,195 grants were distributed. In 2012 and 2013, the SENNIAF assisted a total of 1,882 children engaged in child labour. Taking due note of the measures taken by the Government under the various action programmes, national plans and roadmap, the Committee encourages the Government to continue to take effective and time-bound measures to prevent children from becoming engaged in, as well as to remove them from, the worst forms of child labour and ensure their rehabilitation and social integration. It requests the Government to continue providing information on the results achieved by the SENNIAF in this respect.

Article 7(2). Clause (d). Children at special risk. 1. Children from indigenous and Afro-descendant communities. The Committee notes that according to the 2010 child labour survey, 7 per cent of children aged 5 to 17 years are engaged in employment, and that this rate rises to 35 per cent among the indigenous population. The survey also finds that the national enrolment rate for secondary education is 67 per cent compared with 39 per cent for the Ngäbe Bulgé comarca region, an area with a high concentration of indigenous peoples.

The Committee notes that the CRC, in its concluding observations of 21 December 2011, also expressed concern that children belonging to indigenous groups and Afro–Panamanian children from poorer areas suffer cumulative disadvantages and discrimination with regard to access to health care, education and other basic services (CRC/C/PAN/CO/3-4, paragraphs 33 and 80). The Committee notes that the ILO–IPEC project “Building effective policies against child labour in Ecuador and Panama” also includes a focus on indigenous peoples and Afro descendants. Considering that children of indigenous peoples and of Afro descendants are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour, including through ensuring their access to secondary education, and providing for their rehabilitation and social integration. The Committee requests the Government to provide information on the results achieved, including through the abovementioned ILO–IPEC project.

2. Child domestic workers. Further to its previous comments, the Committee notes that 37 denunciations have been received regarding child domestic workers. Noting that the Government’s report contains no information on measures taken to protect child domestic workers from the worst forms of child labour, the Committee reiterates its request to the Government to provide information on this point.

Application of the Convention in practice. Following its previous comments, the Committee notes that according to the 2010 child labour survey, 7 per cent of children aged 5 to 17 years are engaged in employment (60,702 children), of which 25.2 per cent are girls and 74.8 per cent are boys. The Committee notes with interest that this figure represents a decrease of 29,065 children compared to 2008 when it was found that 89,767 children aged 5 to 17 years worked. Labour is concentrated in agriculture mostly taking the form of unpaid family work (57 per cent). The Committee furthermore notes that according to the report of June 2012 on the ILO–IPEC project entitled “Eliminating child labour in Latin America (Phase IV),” the National Institute of Statistics and Census started preparations for the fourth poll on child labour to be undertaken in October 2012. The Committee requests the Government to continue providing statistics and information disaggregated by age and gender in its future reports on the nature, extent and trends of the worst forms of child labour.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Following its previous comments, the Committee notes the adoption of the Law against Trafficking in Persons and Related Activities (No. 79 of 2011) on 9 November 2011, which provides for aggravated penalties in cases where the victim is a child under 18 years of age and in some cases even more severe penalties in cases where the victim is a child under 14 years of age (sections 60 and 63). The new Law further strengthens the National Policy against Trafficking and provides for a comprehensive coverage of the issue, including the establishment of a National Action Plan against Trafficking in Persons and several measures to protect and reintegrate victims. The Committee notes the Government’s information that only one case of child trafficking for sexual exploitation was investigated between 2011 and 2012, and two persons sentenced to five years imprisonment in 2009. The Government indicates that the Secretariat of the National Committee for the Prevention of Sexual Exploitation Crimes (CONAPREDES) is collecting information from the Office of the Public Prosecutor and the judiciary on sanctions applied in 2011 and 2012. The Committee, however, notes that the Government’s report does not provide information on child trafficking for labour exploitation. The Committee therefore requests the Government to provide information in its next report on the practical application of the provisions of Law No. 79 of 2011, especially statistics on the number of investigations carried out, prosecutions and penal sanctions imposed for the sale and trafficking of children for sexual and labour exploitation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances. Further to its previous comments, the Committee notes the Government’s information that seven cases of paid sexual relations with minors, 66 cases of child pornography and 191 cases of corruption of minors were investigated between 2011 and 2013. The Committee notes that, in 2009, five persons were convicted for pimping and one person for child pornography. The Committee requests the Government to provide in its next report updated information on the number of investigations carried out, prosecutions, convictions and penal sanctions applied for child pornography and use, procuring or offering of a child for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that section 318 of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes anyone who trades, purchases, sells or transfers drugs by penalties of up to 30 years’ imprisonment, when a child under 18 years is used to commit the offence. Considering that the Government’s report contains no information on this point, the Committee again requests the Government to provide information on the practical application of section 318 of the Penal Code, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Articles 5 and 7(1). Monitoring mechanisms and effective application of the Convention. Labour inspectorate. In its previous comments, the Committee noted that while the number of violations detected by the labour inspectorate was quite high between 2006 and 2008 (1,830 cases), the number of cases in which penalties were applied was low (eight cases).

The Committee notes from the information provided by the Government in its report that the Ministry of Labour (MITRADEL) established the National Bureau against Child Labour and for the Protection of Adolescent Workers (DIRETIPPAT), which is in charge of overseeing labour inspections and carrying out programmes for children, parents and employers with the objective of eliminating child labour. The Committee notes that the number of labour inspectors has increased and that inspectors receive continuous training on child labour and its worst forms by the DIRETIPPAT; at least one national training session is carried out per year. It further notes that in 2010, 1,020 visits were carried out by the labour inspectorate to detect cases of child labour and, in 2011, this number increased to 2,534 inspections. Although a total of 1,596 violations were reported, only four penalties were applied in 2010 and three penalties in 2011.

The Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 21 December 2011 expressed concern that the country has no effective labour inspection system and other mechanisms to protect children who work and who do not have an identification document or legal identity (CRC/C/PAN/CO/3-4, paragraph 66). It further notes that the objective of the ILO–IPEC project “Building effective policies against child labour in Ecuador and Panama” which started operations in early 2013 is to improve public policies and law enforcement in combating child labour and includes a focus on strengthening the labour inspectorate.

The Committee recalls again that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions of the Convention, including through the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee, therefore, requests the Government to take the necessary measures to strengthen the capacity of the law enforcement agencies, in order to ensure that the perpetrators are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information on the results achieved in this regard, in particular through the ILO–IPEC project.

Articles 6 and 7(2). Programmes of action and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. National Action Plan against Trafficking in Persons (2012–17). The Committee takes due note of the adoption of the Executive Decree No. 464 of 2 July 2012 approving the National Action Plan against Trafficking in Persons. It notes that the main objective of this action plan is to better coordinate actions to prevent and combat trafficking in persons at the national level. The main strategies and goals include: (i) prevention; (ii) protection and assistance to victims; (iii) investigation and prosecution; and (iv) international and national cooperation. A National Commission against Trafficking in Persons has been established to implement and monitor the action plan, bringing together governmental institutions, including the National Office for Children and Young Persons (SENNIAF), non-governmental organizations (NGOs) and civil society actors. The Committee also notes that the SENNIAF participated in the drafting of a manual on identifying and providing assistance to victims of trafficking. The Committee requests the Government to provide information on the measures taken and results obtained within the framework of the National Action Plan for the removal, rehabilitation and social integration of child victims of trafficking.

2. Commercial sexual exploitation of children. Further to its previous comments, the Committee notes the detailed information provided by the Government in its report specifying the numerous activities undertaken by CONAPREDES relating to prevention, assistance to victims, investigation and enforcement and the strengthening of CONAPREDES. The Committee welcomes the fact that the activities conducted are closely linked to those under the roadmap and the National Plan to fight child labour. With regard to prevention, the Committee notes that CONAPREDES has concluded cooperation agreements with the National Council for Journalism, the Chamber of Tourism in Panama (APATEL) and the Association of Administrators of Gambling Games, and that 86 hoteliers have signed the First Code of Conduct for the Protection of Minors. In addition, awareness-raising activities have been carried out in casinos and a campaign in collaboration with the tourism industry has been launched on the fight against commercial sexual exploitation. With regard to assistance, the Committee notes the Government’s indication that the SENNIAF has provided integral assistance (legal, educational and financial) to children and young persons who were victims of commercial sexual exploitation (CSE) in 29 cases between 2011 and 2013. Besides, coordination between regional and local networks and public and private action on prevention and assistance to child victims of CSE has been strengthened. In this context, in 2010, 15 capacity building activities were carried out for government officials and, in 2011, 12 such activities were carried out.

3. Roadmap. Further to its previous comments, the Committee notes that following the adoption of the roadmap to make Panama a country free from child labour and its worst forms in February 2010, the DIRETIPPAT operating under the auspices of the MITRADEL was strengthened and is the main body responsible for its implementation. The roadmap comprises six dimensions of action covering poverty, health, education, legal and institutional strengthening, awareness raising, and knowledge-gathering and policy-monitoring mechanisms. The 2011–13 programming and implementation tool of the roadmap has been validated in March 2011 following widespread consultations and a seminar with 27 different stakeholders (government bodies, employers’ and workers’ organizations, NGOs, etc.) bringing together over 120 experts. As regards the measures taken to implement the roadmap, the Committee notes, in particular, the detailed information contained in the Government report as regards the awareness-raising and capacity-building activities carried out.

4. National Plan for the prevention and eradication of child labour and the protection of young workers (2007–11). The Committee notes the Government’s indication that in order to achieve the objectives established in the Decent Work Hemispheric Agenda of eliminating the worst forms of child labour by 2015 and eliminating child labour by 2020, the Government has adopted, in addition to the roadmap, a national plan to fight child labour. The plan sets out the following nine strategic steps: (1) strengthen the efforts of the MITRADEL; (2) establish six working groups corresponding to the six dimensions of the roadmap mentioned above; (3) create 14 regional directorates and agencies against child labour and for the protection of young workers; (4) strengthen the labour inspectorate through the signing of a protocol on assistance, prevention and sanctions for the eradication of child labour; (5) take steps to ensure that the National Assembly harmonizes national laws with international Conventions; (6) provide direct assistance programmes to eradicate child labour focusing on vulnerable areas and regions with a high concentration of child labour; (7) promote the criminalization of the recruitment of child labour in hazardous works; (8) coordinate institutionally the follow-up to child labour cases; and (9) promote international cooperation to eradicate child labour. According to the Government’s information, in 2011, a total of 2,151 children benefited from the assistance of the Committee for the Eradication of Child Labour and the Protection of Adolescents Workers and 1,195 grants were distributed. In 2012 and 2013, the SENNIAF assisted a total of 1,882 children engaged in child labour. Taking due note of the measures taken by the Government under the various action programmes, national plans and roadmap, the Committee encourages the Government to continue to take effective and time-bound measures to prevent children from becoming engaged in, as well as to remove them from, the worst forms of child labour and ensure their rehabilitation and social integration. It requests the Government to continue providing information on the results achieved by the SENNIAF in this respect.

Article 7(2). Clauses (a) and (c). Access to free basic education, including for children removed from the worst forms of child labour. The Committee previously noted the wide-ranging measures targeting children working or at-risk-of-working aimed at promoting education as a means to contribute to the eradication of poverty and child labour, including its worst forms, especially through the provision of cash transfers.

The Committee notes the information provided by the Government in its report as regards the various scholarships provided by the Institute for Training and Better Use of Human Resources between 2009 and September 2013: (a) the Eradication of Child Labour Scholarships Programme awarded 4,170 scholarships; (b) the Scholarships Programme to prevent poverty awarded 17,548 scholarships to children and young persons in extreme poverty; and (c) the Universal Scholarship which since October 2010 has provided economic assistance to each student to ensure basic education (1,172,369 scholarships awarded). The Committee welcomes the Government’s indication that scholarships have been targeted especially in geographic areas with a high concentration of child labour in accordance with the results of the 2010 child labour survey.

Lastly, the Committee notes that according to the statistics available through the UNESCO Institute for Statistics, in 2010, 97 per cent of girls and 99 per cent of boys were enrolled in primary education, and 97 per cent of children completed primary education in 2010.

Clause (d). Children at special risk. 1. Children from indigenous and Afro-descendant communities. The Committee notes that according to the 2010 child labour survey, 7 per cent of children aged 5 to 17 years are engaged in employment, and that this rate rises to 35 per cent among the indigenous population. The survey also finds that the national enrolment rate for secondary education is 67 per cent compared with 39 per cent for the Ngäbe Bulgé comarca region, an area with a high concentration of indigenous peoples.

The Committee notes that the CRC, in its concluding observations of 21 December 2011, also expressed concern that children belonging to indigenous groups and Afro–Panamanian children from poorer areas suffer cumulative disadvantages and discrimination with regard to access to health care, education and other basic services (CRC/C/PAN/CO/3-4, paragraphs 33 and 80). The Committee notes that the ILO–IPEC project “Building effective policies against child labour in Ecuador and Panama” also includes a focus on indigenous peoples and Afro-descendants. Considering that children of indigenous peoples and of Afro-descendants are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour, including through ensuring their access to secondary education, and providing for their rehabilitation and social integration. The Committee requests the Government to provide information on the results achieved, including through the abovementioned ILO–IPEC project.

2. Street children. In its previous comments, the Committee noted that the SENNIAF created the Office for assisting and protecting street children in situation of exploitation, and noted the programmes and activities to assist these children. The Committee notes the Government’s information that during street expeditions carried out by technical personnel of the SENNIAF, 135 children were withdrawn from the streets in 2012 and received integral assistance through the appropriate governmental institutions and NGOs.

3. Child domestic workers. Further to its previous comments, the Committee notes that 37 denunciations have been received regarding child domestic workers. Noting that the Government’s report contains no information on measures taken to protect child domestic workers from the worst forms of child labour, the Committee reiterates its request to the Government to provide information on this point.

Article 8. International cooperation. Further to its previous comments, the Committee notes the Government’s indication that a bilateral agreement on the prevention and eradication of child labour has been concluded between the MITRADEL and the Ministry of Labour of Costa Rica. In this context, various activities have taken place, in particular technical expert meetings and exchanges of good practices.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that according to the 2010 child labour survey, 7 per cent of children aged 5 to 17 years are engaged in employment (60,702 children), of which 25.2 per cent are girls and 74.8 per cent are boys. The Committee notes with interest that this figure represents a decrease of 29,065 children compared to 2008 when it was found that 89,767 children aged 5 to 17 years worked. Labour is concentrated in agriculture mostly taking the form of unpaid family work (57 per cent). The Committee furthermore notes that according to the report of June 2012 on the ILO–IPEC project entitled “Eliminating child labour in Latin America (Phase IV),” the National Institute of Statistics and Census started preparations for the fourth poll on child labour to be undertaken in October 2012. The Committee requests the Government to continue providing statistics and information disaggregated by age and gender in its future reports on the nature, extent and trends of the worst forms of child labour.

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

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:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for sexual exploitation. Following its previous comments, the Committee notes that Act No. 14 of 18 May 2007, as amended by Act No. 26 of 21 May 2008, establishes the new Penal Code (new Penal Code) and repeals the old Penal Code. It notes that the new Penal Code punishes the sale of children for purposes of sexual and labour exploitation (section 202) and the internal and international trafficking of children for purposes of sexual exploitation and sexual servitude (sections 177 and 179). The Committee notes that, according to the final technical progress report of the ILO–IPEC regional project “Stop the exploitation. Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO–IPEC regional project against CSEC), the Attorney-General’s Office established specialized prosecutors in crimes against decency, integrity, sexual liberty and trafficking in persons. It finally notes the statistics provided by the Government on the investigations carried out between 2007 and 2009 by the Department of Investigation of the Directorate of Judicial Investigation on crimes against commercial sexual exploitation: 20 cases concerned the sale of persons for commercial sexual exploitation and ten cases concerned trafficking. No children were victims of these offences. The Committee requests the Government to continue to provide information of the practical application of the provisions of the new Penal Code on the sale and trafficking of children for commercial sexual exploitation, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Clause (c) and Article 7(1). Use, procuring or offering of a child for illicit activities, and penalties. In its previous comments, the Committee requested the Government to take measures to establish penalties for the violation of the prohibition on using, procuring or offering of a child for illicit activities.

The Committee notes that section 312 of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes anyone who trades, purchases, sells or transfers drugs by penalties of up to 30 years’ imprisonment, when a child under 18 years is used to commit the offence. The Committee requests the Government to provide information on the practical application of the provisions which prohibit the use, procuring or offering of a child for illicit activities, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Article 6(1). Programmes of action. Developing a road map to make Central America, Panama and the Dominican Republic a child-labour free zone. The Committee notes with interest that Panama in collaboration with ILO–IPEC launched the project “Developing a road map to make Central America, Panama, and the Dominican Republic a child-labour free zone” (road map), which is a component of the project “Encouraging a work-related enforcement culture” (2008–09). The road map is the strategic national framework to achieve the objectives established in the Decent Work Hemispheric Agenda of eliminating the worst forms of child labour by 2015 and eliminating child labour by 2020. The Committee requests the Government to provide information on the implementation of the road map and results achieved.

National plan for the prevention and elimination of the commercial sexual exploitation of children. The Committee notes the Government’s information that the national plan for the prevention and elimination of the commercial sexual exploitation of children 2008–10 (national plan against CSEC) developed by the National Committee for the Prevention of Sexual Exploitation Crimes (CONAPREDES), has been adopted. The national plan against CSEC focuses on prevention, assistance to victims, investigation, enforcement and the strengthening of CONAPREDES. The CONAPREDES has carried out various activities to prevent and eliminate the commercial sexual exploitation of children. These include: coordination at the inter-institutional and inter-sectoral levels; the involvement of various actors, such as journalists, the tourist sector and the University of Panama, in the fight against commercial sexual exploitation; awareness-raising activities and training of concerned stakeholders on commercial sexual exploitation. The Committee requests the Government to provide information on the programmes of action for the elimination of the worst forms of child labour undertaken in the context of the implementation of the national plan against CSEC and results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. Action programme for the prevention and elimination of child labour in the provinces of Panama and Colon 2008–13. The Committee notes the Government’s information that the Action programme for the prevention and elimination of child labour in the provinces of Panama and Colon 2008–13 (PAD/PC) financed with national funds was developed in collaboration with ILO–IPEC, which is aimed at withdrawing and preventing 5,000 children between 5 and 15 years from child labour (2,500 children targeted in 2008 and 2,500 children targeted in 2009). The PAD/PC mainly focuses on education as a means to prevent and combat the worst forms of child labour. The services provided under the PAD/PC are offered by a network of public institutions which coordinate with each other, such as the Ministry of Social Development (MIDES), the Ministry of Education (MEDUCA), the Institute for Training and Better Use of Human Resources (IFARHU), the Ministry of Labour (MITRADEL) and the Ministry of Health (MINSA). The Committee notes the Government's information that the PAD/PC has been extended to the provinces of Chiriquí and Veraguas as well as to different educational areas of Panama and Colon. The Committee requests the Government to continue to provide information on the implementation of the action programme in the provinces of Panama and Colon and results achieved in terms of the number of children prevented from and withdrawn from child labour, especially from its worst forms.

Commercial sexual exploitation. Following its previous comments, the Committee notes that, according to the final technical progress report of the ILO–IPEC regional project against CSEC, 84 children were prevented from commercial sexual exploitation and 88 children were withdrawn from this worst form of child labour in Panama. The majority of children assisted were girls. The Committee further notes the Government’s information on the various activities carried out to prevent commercial sexual exploitation and rehabilitate child victims of this worst form of child labour. Preventive measures mainly include: (a) awareness raising and training of officials and other actors concerned on commercial sexual exploitation; and (b) establishment of agreements with relevant stakeholders to involve them in the fight against commercial sexual exploitation. Measures to remove children from commercial sexual exploitation, rehabilitate them and socially integrate them include: (a) phase II of the action programme to assist child and adolescent victims of commercial sexual exploitation, which is being carried out by the NGO Casa Esperanza in collaboration with ILO–IPEC (40 child victims were identified in phase I and are being assisted; 26 new cases were identified in phase II and are being followed up); and (b) the development of the protocol for care of child and adolescent victims of commercial sexual exploitation, and dissemination and training on it. The Committee welcomes the measures taken by the Government and requests it to continue to take effective and time-bound measures to prevent children from becoming engaged in, as well as to remove them from, commercial sexual exploitation and ensure their rehabilitation and social integration. It also requests the Government to provide information on results achieved in this regard.

Clauses (a) and (c). Access to free basic education, including for children removed from the worst forms of child labour. The Committee previously noted that in 2006, the IFARHU provided over 1,500 educational grants with a view to affording assistance to actions targeted at eliminating child labour. In this respect, it noted that in March 2006, a four-year cooperation agreement was concluded between the Committee for the Eradication of Child Labour and Protection of the Adolescent Worker (CETIPATT) and the IFARHU, with the objective of facilitating economic assistance to child workers to encourage them to continue their studies.

The Committee notes with interest that the Government is taking, in the context of the implementation of the ILO–IPEC country programme, wide ranging measures targeting children working or at-risk of working aimed at promoting education as a means to contribute to the eradication of poverty and child labour, including its worst forms, especially through the provision of cash transfers, which are in some instances subject to the condition that children stop working and attend school. Examples of these measures are: (a) the Eradication of Child Labour Scholarships Programme carried out by the IFARHU following the 2006 agreement (9,326 scholarships were awarded between 2006 and 2009); (b) the “Opportunities” programme carried out by the MIDES (in 2009, a total of 4,105 child workers from families in extreme poverty were reported to have benefited from the programme; in 2008, 313,733 families were reported to have benefited from the programme); (c) the Educational Promotion Programme (carried out by the Insurance Company Assa); (d) the Solidarity Day Programme (targeting 120 young workers and carried out by the enterprise UNION FENOSA and CETIPPAT); (e) the support classes and other educational services under the PAD/PC (2,250 children in 58 schools benefited from the programme in 2008 and 557 support classes were organized). The Committee further notes that according to the final technical progress report of September 2009 of the ILO–IPEC country programme, 890 children were removed from the worst forms of child labour and reintegrated in school. It also notes that, according to the same source, by June 2009, 20,000 children and young people in extreme poverty had entered the educational system and 5,600 were removed from child labour and enrolled in school. The Committee welcomes the measures taken by the Government and requests it to continue to provide information on the implementation of the educational plans and measures referred to above, particularly with regard to the number of children who have been enrolled in basic education or have followed pre-vocational or vocational training as a way to prevent them from being involved in the worst forms of child labour, as well as on the number of children who, after their removal from work, have in practice been integrated into basic education or have followed pre-vocational or vocational training.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted the information provided by the Government concerning the project for the prevention and elimination of the worst forms of child labour in Central America and the Dominican Republic. It noted that in the context of this project direct action targeted over 13,800 children and made it possible to prevent the engagement of children in domestic work and to remove them from such work. Noting that the Government’s report contains no information on further measures taken to protect child domestic workers from the worst forms of child labour, the Committee requests the Government to provide information on this point.

Article 8. International cooperation. Commercial sexual exploitation. The Committee previously noted that the ILO–IPEC regional project against CSEC envisages the strengthening of horizontal collaboration between the countries participating in the project. The Committee notes that, according to the final technical progress report of July 2009 of the ILO–IPEC regional project against CSEC, horizontal collaboration between countries participating in the project was strengthened, inter alia, through: developing a regional database with approximately 400 institutions working on the theme of commercial sexual exploitation of children; exchanging information between district attorneys and police officers on sexual crimes and experiences in police investigation methods; and supporting the stakeholders concerned (such as migration offices, the Commission of Central American Chiefs of Police, and the INTERPOL subregional office) in the common fight against trafficking and commercial sexual exploitation of children. The Committee requests the Government to continue to take measures to cooperate at the regional and international levels in order to eliminate the commercial sexual exploitation of children. It also requests it to provide information on further measures taken in this regard and results achieved.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, in the context of the implementation of the national plan against child labour and the ILO–IPEC country programme, a child labour survey was carried out in 2008, which shows that 89,767 children between 5 and 17 years of age work. The next survey is planned for 2010. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour.

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

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

Repetition

The Committee noted the Government’s report. It also noted 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 3 of the Convention. Worst forms of child labour. Clause (b) and Article 7(1). Using, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances, and penalties. The Committee previously requested the Government to provide information on the measures taken to establish penalties for the violation of the prohibition on using, procuring or offering of a child for prostitution.

The Committee noted with satisfaction that section 176-A of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes pimping by penalties of up to ten years’ imprisonment when the victim is under 18 years. It further noted that the new Penal Code punishes child pornography (sections 180, 181, 183–185) and sexual tourism involving children (section 186). The Committee also noted the Government’s information that the penalties for child pornography and sexual tourism involving minors have been increased. Finally, the Committee noted the Government’s information that 53 cases concerning child pornography were investigated between 2006 and 2009. The Committee requests the Government to continue to provide information of the practical application of the above provisions of the new Penal Code and of Act No. 22 of 2007, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Articles 5 and 7(1). Monitoring mechanisms and effective application of the Convention. Labour inspectorate. Following its previous comments, the Committee noted the Government’s information that labour inspections had increased remarkably during the period 2006–08 where 1,830 violations were detected by the labour inspectorate. However, of the 1,830 cases, only eight resulted in penalties being applied to the offenders, while 31 were pending before the judiciary. According to the Government, this situation showed a lack of coordination between the activities of the labour inspectorate and the judiciary. The Committee noted that while the number of violations detected by the labour inspectorate was quite high between 2006 and 2008 (1,830 cases), the number of cases in which penalties were applied was low (eight cases). The Committee reminded the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions of the Convention, including through the provision and application of sufficiently effective and dissuasive penal sanctions. It requests the Government to redouble its efforts to strengthen the capacity of the law enforcement agencies, in order to ensure that the perpetrators are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children. The Committee noted the FENASEP’s comment that, according to the newspaper La Prensa, in Chiriquí there was a network which trafficked children to make them beg. By September 2009, 28 child beggars were identified in the urban area of David. The Committee noted the Government’s information that the National Office for Children and Young Persons (SENIAF) created the Office for assisting and protecting street children in situation of exploitation, which is in charge of developing programmes to assist these children. It further noted the Government’s information that 52 children and adolescents were removed from the street in 2008 and 57 in 2009. In 2009, 24 of the children who were removed from the street in 2008 and 39 of the children who were removed from the street in 2009, were selected for admission to the scholarships provided by the Institute for Training and Better Use of Human Resources (IFARHU) and the Committee for the Eradication of Child Labour and Protection of the Adolescent Worker (CETIPPAT). Moreover, one family was included under the “Opportunities” conditional cash transfer programme, which was aimed at helping families in situations of extreme poverty by providing them with financial allowances subject to the condition that children of beneficiary families attend school. The Committee requests the Government to continue to take measures to remove children from the streets and provide for their rehabilitation and social integration, and to continue to provide information on the number of children removed from the streets and given education pursuant to the implementation of programmes and projects such as the abovementioned ones.

The Committee is raisisng other points in a request addressed directly to the Government.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). 
Sale and trafficking of children for sexual exploitation. Following its previous comments, the Committee notes that Act No. 14 of 18 May 2007, as amended by Act No. 26 of 21 May 2008, establishes the new Penal Code (new Penal Code) and repeals the old Penal Code. It notes that the new Penal Code punishes the sale of children for purposes of sexual and labour exploitation (section 202) and the internal and international trafficking of children for purposes of sexual exploitation and sexual servitude (sections 177 and 179). The Committee notes that, according to the final technical progress report of the
ILO–IPEC regional project “Stop the exploitation. Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO–IPEC regional project against CSEC), the Attorney-General’s Office established specialized prosecutors in crimes against decency, integrity, sexual liberty and trafficking in persons. It finally notes the statistics provided by the Government on the investigations carried out between 2007 and 2009 by the Department of Investigation of the Directorate of Judicial Investigation on crimes against commercial sexual exploitation: 20 cases concerned the sale of persons for commercial sexual exploitation and ten cases concerned trafficking. No children were victims of these offences. The Committee requests the Government to continue to provide information of the practical application of the provisions of the new Penal Code on the sale and trafficking of children for commercial sexual exploitation, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Clause (c) and Article 7(1). Use, procuring or offering of a child for illicit activities, and penalties. In its previous comments, the Committee requested the Government to take measures to establish penalties for the violation of the prohibition on using, procuring or offering of a child for illicit activities.

The Committee notes that section 312 of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes anyone who trades, purchases, sells or transfers drugs by penalties of up to 30 years’ imprisonment, when a child under 18 years is used to commit the offence. The Committee requests the Government to provide information on the practical application of the provisions which prohibit the use, procuring or offering of a child for illicit activities, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Article 6(1). Programmes of action. 1. Developing a road map to make Central America, Panama and the Dominican Republic a child-labour free zone. The Committee notes with interest that Panama in collaboration with ILO–IPEC launched the project “Developing a road map to make Central America, Panama, and the Dominican Republic a child-labour free zone” (road map), which is a component of the project “Encouraging a work-related enforcement culture” (2008–09). The road map is the strategic national framework to achieve the objectives established in the Decent Work Hemispheric Agenda of eliminating the worst forms of child labour by 2015 and eliminating child labour by 2020. The Committee requests the Government to provide information on the implementation of the road map and results achieved.

2. National plan for the prevention and elimination of the commercial sexual exploitation of children. The Committee notes the Government’s information that the national plan for the prevention and elimination of the commercial sexual exploitation of children 2008–10 (national plan against CSEC) developed by the National Committee for the Prevention of Sexual Exploitation Crimes (CONAPREDES), has been adopted. The national plan against CSEC focuses on prevention, assistance to victims, investigation, enforcement and the strengthening of CONAPREDES. The CONAPREDES has carried out various activities to prevent and eliminate the commercial sexual exploitation of children. These include: coordination at the inter-institutional and inter-sectoral levels; the involvement of various actors, such as journalists, the tourist sector and the University of Panama, in the fight against commercial sexual exploitation; awareness-raising activities and training of concerned stakeholders on commercial sexual exploitation. The Committee requests the Government to provide information on the programmes of action for the elimination of the worst forms of child labour undertaken in the context of the implementation of the national plan against CSEC and results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 
1. National plan against child labour and ILO–IPEC country programme. The Committee previously noted that the national plan for the elimination of child labour and the protection of young workers 2007–11 (national plan against child labour) was adopted. It also noted that phase II of the ILO–IPEC project for the prevention and elimination of the worst forms of child labour in Panama
(ILO–IPEC country programme) was being carried out and targeted 1,500 children. The ILO–IPEC country programme was intended to support the national plan against child labour.

The Committee notes the detailed information provided by the Government on the results of the ILO–IPEC country programme, which ended in September 2009. The Committee also notes that, according to the final technical progress report of September 2009 of the ILO–IPEC country programme, 843 children were prevented from engaging in child labour and 890 children were withdrawn from child labour through the provision of educational services and other training opportunities. The Committee also notes the Government’s information on the results of the three action programmes carried out in the context of phase II of the ILO–IPEC country programme in the rural and urban indigenous areas of Panama Oeste, Distrito de la Chorrera, Santiago de Veraguas and the Ngöbe-Buglé Territory. The execution of these action programmes was carried out by the NGOs FUNDESPA and Casa Esperanza and focused on: awareness raising on child labour among teachers; support classes for children withdrawn from the worst forms of child labour; nutrition during school; medical assistance; scholarships or educational grants; provision of school tools.

2. Action programme for the prevention and elimination of child labour in the provinces of Panama and Colon 2008–13. The Committee notes the Government’s information that the Action programme for the prevention and elimination of child labour in the provinces of Panama and Colon 2008–13 (PAD/PC) financed with national funds was developed in collaboration with
ILO–IPEC, which is aimed at withdrawing and preventing 5,000 children between 5 and 15 years from child labour (2,500 children targeted in 2008 and 2,500 children targeted in 2009). The PAD/PC mainly focuses on education as a means to prevent and combat the worst forms of child labour. The services provided under the PAD/PC are offered by a network of public institutions which coordinate with each other, such as the Ministry of Social Development (MIDES), the Ministry of Education (MEDUCA), the Institute for Training and Better Use of Human Resources (IFARHU), the Ministry of Labour (MITRADEL) and the Ministry of Health (MINSA). The Committee notes the Government's information that the PAD/PC has been extended to the provinces of Chiriquí and Veraguas as well as to different educational areas of Panama and Colon. The Committee requests the Government to continue to provide information on the implementation of the action programme in the provinces of Panama and Colon and results achieved in terms of the number of children prevented from and withdrawn from child labour, especially from its worst forms.

3. Commercial sexual exploitation. Following its previous comments, the Committee notes that, according to the final technical progress report of the
ILO–IPEC regional project against CSEC, 84 children were prevented from commercial sexual exploitation and 88 children were withdrawn from this worst form of child labour in Panama. The majority of children assisted were girls. The Committee further notes the Government’s information on the various activities carried out to prevent commercial sexual exploitation and rehabilitate child victims of this worst form of child labour. Preventive measures mainly include: (a) awareness raising and training of officials and other actors concerned on commercial sexual exploitation; and (b) establishment of agreements with relevant stakeholders to involve them in the fight against commercial sexual exploitation. Measures to remove children from commercial sexual exploitation, rehabilitate them and socially integrate them include: (a) phase II of the action programme to assist child and adolescent victims of commercial sexual exploitation, which is being carried out by the NGO Casa Esperanza in collaboration with ILO–IPEC (40 child victims were identified in phase I and are being assisted; 26 new cases were identified in phase II and are being followed up); and (b) the development of the protocol for care of child and adolescent victims of commercial sexual exploitation, and dissemination and training on it. The Committee welcomes the measures taken by the Government and requests it to continue to take effective and time-bound measures to prevent children from becoming engaged in, as well as to remove them from, commercial sexual exploitation and ensure their rehabilitation and social integration. It also requests the Government to provide information on results achieved in this regard.

Clauses (a) and (c). Access to free basic education, including for children removed from the worst forms of child labour. The Committee previously noted that in 2006, the IFARHU provided over 1,500 educational grants with a view to affording assistance to actions targeted at eliminating child labour. In this respect, it noted that in March 2006, a four-year cooperation agreement was concluded between the Committee for the Eradication of Child Labour and Protection of the Adolescent Worker (CETIPATT) and the IFARHU, with the objective of facilitating economic assistance to child workers to encourage them to continue their studies.

The Committee notes with interest that the Government is taking, in the context of the implementation of the ILO–IPEC country programme, wide‑ranging measures targeting children working or at-risk of working aimed at promoting education as a means to contribute to the eradication of poverty and child labour, including its worst forms, especially through the provision of cash transfers, which are in some instances subject to the condition that children stop working and attend school. Examples of these measures are: (a) the Eradication of Child Labour Scholarships Programme carried out by the IFARHU following the 2006 agreement (9,326 scholarships were awarded between 2006 and 2009); (b) the “Opportunities” programme carried out by the MIDES (in 2009, a total of 4,105 child workers from families in extreme poverty were reported to have benefited from the programme; in 2008, 313,733 families were reported to have benefited from the programme); (c) the Educational Promotion Programme (carried out by the Insurance Company Assa); (d) the Solidarity Day Programme (targeting 120 young workers and carried out by the enterprise UNION FENOSA and CETIPPAT); (e) the support classes and other educational services under the PAD/PC (2,250 children in 58 schools benefited from the programme in 2008 and 557 support classes were organized). The Committee further notes that according to the final technical progress report of September 2009 of the ILO–IPEC country programme, 890 children were removed from the worst forms of child labour and reintegrated in school. It also notes that, according to the same source, by June 2009, 20,000 children and young people in extreme poverty had entered the educational system and 5,600 were removed from child labour and enrolled in school. The Committee welcomes the measures taken by the Government and requests it to continue to provide information on the implementation of the educational plans and measures referred to above, particularly with regard to the number of children who have been enrolled in basic education or have followed pre-vocational or vocational training as a way to prevent them from being involved in the worst forms of child labour, as well as on the number of children who, after their removal from work, have in practice been integrated into basic education or have followed pre-vocational or vocational training.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted the information provided by the Government concerning the project for the prevention and elimination of the worst forms of child labour in Central America and the Dominican Republic. It noted that in the context of this project direct action targeted over 13,800 children and made it possible to prevent the engagement of children in domestic work and to remove them from such work. Noting that the Government’s report contains no information on further measures taken to protect child domestic workers from the worst forms of child labour, the Committee requests the Government to provide information on this point.

Article 8. International cooperation. Commercial sexual exploitation. The Committee previously noted that the ILO–IPEC regional project against CSEC envisages the strengthening of horizontal collaboration between the countries participating in the project. The Committee notes that, according to the final technical progress report of July 2009 of the ILO–IPEC regional project against CSEC, horizontal collaboration between countries participating in the project was strengthened, inter alia, through: developing a regional database with approximately 400 institutions working on the theme of commercial sexual exploitation of children; exchanging information between district attorneys and police officers on sexual crimes and experiences in police investigation methods; and supporting the stakeholders concerned (such as migration offices, the Commission of Central American Chiefs of Police, and the INTERPOL subregional office) in the common fight against trafficking and commercial sexual exploitation of children. The Committee requests the Government to continue to take measures to cooperate at the regional and international levels in order to eliminate the commercial sexual exploitation of children. It also requests it to provide information on further measures taken in this regard and results achieved.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, in the context of the implementation of the national plan against child labour and the ILO–IPEC country programme, a child labour survey was carried out in 2008, which shows that 89,767 children between 5 and 17 years of age work. The next survey is planned for 2010. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child 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 3 of the Convention. Worst forms of child labour. Clause (a) and Article 7(1). Forced or compulsory recruitment of children for use in armed conflict, and penalties. The Committee requested the Government to provide information on the measures taken to establish penalties for the violation of the prohibition on the forced or compulsory recruitment of children for use in armed conflict.

The Committee notes with satisfaction that the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes by up to 12 years’ imprisonment anyone who recruits children under 18 years or uses them to participate actively in hostilities (section 439).

Clause (b) and Article 7(1). Using, procuring or offering of a child for prostitution, for the production of pornography and for pornographic performances, and penalties. The Committee previously requested the Government to provide information on the measures taken to establish penalties for the violation of the prohibition on using, procuring or offering of a child for prostitution.

The Committee notes with satisfaction that section 176-A of the new Penal Code, as amended by Act No. 26 of 21 May 2008, punishes pimping by penalties of up to ten years’ imprisonment when the victim is under 18 years. It further notes that the new Penal Code punishes child pornography (sections 180, 181, 183–185) and sexual tourism involving children (section 186). The Committee also notes the Government’s information that the penalties for child pornography and sexual tourism involving minors have been increased. Finally, the Committee notes the Government’s information that 53 cases concerning child pornography were investigated between 2006 and 2009. The Committee requests the Government to continue to provide information of the practical application of the above provisions of the new Penal Code and of Act No. 22 of 2007, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Articles 5 and 7(1). Monitoring mechanisms and effective application of the Convention. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that labour inspections had increased remarkably during the period 2006–08 where 1,830 violations were detected by the labour inspectorate. However, of the 1,830 cases, only eight resulted in penalties being applied to the offenders, while 31 are pending before the judiciary. According to the Government, this situation shows a lack of coordination between the activities of the labour inspectorate and the judiciary. The Committee notes that while the number of violations detected by the labour inspectorate was quite high between 2006 and 2008 (1,830 cases), the number of cases in which penalties were applied was low (eight cases). The Committee reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions of the Convention, including through the provision and application of sufficiently effective and dissuasive penal sanctions. It requests the Government to redouble its efforts to strengthen the capacity of the law enforcement agencies, in order to ensure that the perpetrators are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children. The Committee notes the FENASEP’s comment that, according to the newspaper La Prensa, in Chiriquí there is a network which traffics children to make them beg. By September 2009, 28 child beggars were identified in the urban area of David. The Committee notes the Government’s information that the National Office for Children and Young Persons (SENIAF) created the Office for assisting and protecting street children in situation of exploitation, which is in charge of developing programmes to assist these children. It further notes the Government’s information that 52 children and adolescents were removed from the street in 2008 and 57 in 2009. In 2009, 24 of the children who were removed from the street in 2008 and 39 of the children who were removed from the street in 2009, were selected for admission to the scholarships provided by the Institute for Training and Better Use of Human Resources (IFARHU) and the Committee for the Eradication of Child Labour and Protection of the Adolescent Worker (CETIPPAT). Moreover, one family was included under the “Opportunities” conditional cash transfer programme, which is aimed at helping families in situations of extreme poverty by providing them with financial allowances subject to the condition that children of beneficiary families attend school. The Committee requests the Government to continue to take measures to remove children from the streets and provide for their rehabilitation and social integration, and to continue to provide information on the number of children removed from the streets and given education pursuant to the implementation of programmes and projects such as the abovementioned ones.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the Government’s report and the many documents attached. In particular, it notes the detailed information on the various projects and programmes of action implemented in the country with a view to eliminating the worst forms of child labour, including commercial sexual exploitation and hazardous work.

Article 3 of the Convention. The worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children for sexual exploitation and the use, procuring or offering of a child for the production of pornography or for pornographic performances. With reference to its previous comments, the Committee notes with interest the adoption of Act No. 16 of 31 March 2004, issuing certain provisions for the prevention and classification of offences against sexual integrity and freedom, amending sections of the Penal Code and the Judicial Code (Act No. 16 of 31 March 2004). In particular, it notes that, under sections 231 and 231A of the Penal Code, as added by Act No. 16 of 31 March 2004, the international and internal trafficking of persons for sexual exploitation or for the maintenance of those persons in servitude are prohibited. Furthermore, it notes that sections 231E and 231G of the Penal Code, as added by Act No. 16 of 31 March 2004, prohibit the use of a minor for the production of pornography or for sexual tourism. The Committee requests the Government to provide information on the effect given in practice to the new provisions, including statistics on the number and nature of the violations reported, the investigations carried out, prosecutions, convictions and penal sanctions applied.

Clauses (a), (b) and (c). Debt bondage, serfdom and forced or compulsory labour; forced or compulsory recruitment of children for use in armed conflict; and the use, procuring or offering of a child for prostitution or for illicit activities. In its previous comments, the Committee noted that certain provisions of the national legislation, although prohibiting debt bondage, servitude and forced or compulsory labour, the forced or compulsory recruitment of children for use in armed conflict, and the use, procuring or offering of a child for prostitution or for illicit activities, do not establish any penalty for violations. It requested the Government to provide information on the measures adopted or envisaged for this purpose. The Committee notes the information provided by the Government to the effect that sections 87–91 and 94 of the Bill for the integral protection of children and young persons contain provisions prohibiting these worst forms of child labour. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information in this respect.

Article 4, paragraphs 1 and 3. Determination and periodical revision of the list of hazardous types of work determined. With reference to its previous comments, the Committee notes with interest the adoption of Executive Decree No. 19 of 12 June 2006 approving a detailed list of types of hazardous work for children in the context of the worst forms of child labour. It further notes that this list was adopted following a national tripartite consultation, which also included specialists on labour matters and health and safety.

Article 6, paragraph 1. Programmes of action. The Committee notes with interest the new National Plan for the Elimination of Child Labour and the Protection of Young Workers (2007–11). The Committee requests the Government to provide information on the programmes of action established in the context of the National Plan referred to above, and on the results achieved in terms of the elimination of the worst forms of child labour through the implementation of the National Plan.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the project for the prevention and elimination of the worst forms of child labour in Panama ended in June 2006. In this respect, it notes that a significant number of children, including indigenous children, have been prevented from being engaged in hazardous activities, while others have been removed from certain types of hazardous work in coffee and sugar-cane harvesting and market gardening. According to the information available to
ILO/IPEC, phase II of the project is currently being carried out and targets 1,500 children. The Committee takes due note of the Government’s efforts for the implementation of phase I of the project and strongly encourages it to pursue its efforts to combat the worst forms of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from these worst forms of child labour. 1. Hazardous types of work. The Committee requests the Government to provide information on the measures adopted in the context of the implementation of phase II of the project for the prevention and elimination of the worst forms of child labour in Panama referred to above with a view to: (a) the effective prevention of children from being victims of hazardous types of work; and (b) the provision of the necessary and appropriate direct assistance for the removal of child victims of this worst form of child labour and for their rehabilitation and social integration. The Committee also requests the Government to provide information on the results achieved.

2. Commercial sexual exploitation. The Committee notes that, according to the evaluation reports of the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, a greater number of children will be targeted. The Committee requests the Government to provide information on: (1) the number of young persons under 18 years of age prevented from being engaged in commercial sexual exploitation; and (2) the number of children who are, in practice, removed from this worst form of child labour. It also requests the Government to provide information on the economic alternatives envisaged and on the measures adopted to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

Clause (c). Access to free basic education and vocational training. 
1. Measures adopted. The Committee notes the information provided by the Government in its report to the effect that, in 2006, the Training and Human Resources Institute (IFARHU) provided over 1,500 educational grants with a view to affording assistance to actions targeted at eliminating child labour. In this respect, the Committee notes that in March 2006, a four-year cooperation agreement was concluded between the Committee for the Elimination of Child Labour and the Protection of Young Persons (CETIPATT) and the Director‑General of the IFARHU with the objective of facilitating economic assistance to child workers to encourage them to continue their studies.

2. ILO/IPEC project. The Committee requests the Government to provide information on the measures introduced in the context of the ILO/IPEC project on preventing and eliminating the worst forms of child labour in Panama and the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” with a view to ensuring that children who are removed from the worst forms of child labour have access to free basic education and vocational training.

Clause (d). Children at special risk. Child domestic work. With reference to its previous comments, the Committee notes the detailed information provided by the Government concerning the project for the prevention and elimination of the worst forms of child labour in Central America and the Dominican Republic. It notes that the project has developed a fair number of activities designed to generate knowledge, raise awareness, provide training and reinforce institutions and the legislation. Furthermore, direct action has targeted over 13,800 children and has made it possible to prevent the engagement of children in domestic work and to remove them from such work. Noting that children engaged in domestic work are often the victims of exploitation, which takes on very diverse forms, the Committee requests the Government to continue its efforts to protect these children from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which it intends to take account of the special situation of girls in the context of the implementation of the ILO/IPEC project for the prevention and elimination of the worst forms of child labour in Panama and the ILO/IPEC regional project “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”.

Article 8. International cooperation. Commercial sexual exploitation. The Committee notes that the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” envisages the strengthening of horizontal collaboration between the countries participating in the project. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, including the trafficking of children for that purpose, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee therefore hopes that, in the context of the implementation of the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with the participating countries and thereby strengthen security measures so as to bring an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes due note of the reports of the labour inspection services. It requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.

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 reads as follows:

Article 1 of the Convention. The Committee notes the detailed information provided by the Government in its first report and observes that it is taking various measures at the legislative level and through technical cooperation to eliminate the worst forms of child labour. The Committee notes with interest the information provided by the Government in its report to the effect that, in collaboration with ILO/IPEC, the Government envisages implementing the "National Programme to Combat the Worst Forms of Child Labour in Panama (2002-05)". It requests the Government to indicate the measures taken in the context of this programme to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes the information provided by the Government in its report that the worst forms of child labour, as defined in Article 3(a) of the Convention, are not part of the cultural reality of the country and that no measures have therefore been taken with regard to slavery, debt bondage, serfdom and forced or compulsory labour of girls and boys. However, the Committee notes that section 489(9) and (15) of the Family Code establishes the right for each child to be protected against any form of violence, negligence or exploitation, including economic exploitation. The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, slavery, debt bondage, serfdom and forced or compulsory labour are considered to be among the worst forms of child labour and that, in accordance with Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit or prevent forced or compulsory labour.

2. Sale and trafficking of children. The Committee notes that section 489(17) of the Family Code provides that all children have the right to be protected against sale and trafficking irrespective of their purpose and in all their forms. The Committee notes that this provision of the Family Code does not give grounds for inferring that the sale and trafficking of children is formally prohibited in Panama. It therefore requests the Government to indicate whether section 489(17) of the Family Code is applied in national law and to provide examples of the application of this provision in practice. It also requests the Government to indicate whether the national legislation provides for sanctions in cases of violation of section 489(17).

3. Forced or compulsory recruitment of children for use in armed conflicts. The Committee notes that by virtue of article 305 of the Constitution, the Republic of Panama shall not have an army. As a result of this provision, military service is not compulsory. However, article 305 of the Constitution also provides that Panamanian nationals are obliged to take up arms to defend national independence and the integrity of the national territory. The Committee requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the forced or compulsory recruitment of children under 18 years of age for use in armed conflict in a situation of the defence of national independence and the integrity of the State, as envisaged in article 305 of the Constitution.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes the study on the commercial exploitation of girls, boys and young persons in Panama, published by ILO/IPEC in 2001, a copy of which was provided by the Government. This study indicates that, although Panama has ratified the majority of the international instruments for the protection of children and young persons, no legislation defining and punishing their sexual exploitation has been adopted in Panama. The Committee notes the document entitled "Proposal for a workplan for the formulation of preliminary draft legislation to reform the Penal Code in respect of violations relating to the commercial sexual exploitation of young persons", provided by the Government in annex to its report in 2003 on the application of Convention No. 138. According to this document, it is proposed to prepare, in collaboration with ILO/IPEC, a preliminary draft to reform the Penal Code in relation to the commercial sexual exploitation of young persons. The Committee requests the Government to keep it informed of developments with regard to this draft legislation.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that section 489(16) of the Family Code provides that all young persons have the right to be protected against the illicit use of drugs or psychotropic substances, and against their use in the production and trafficking of these substances. It also notes the adoption of Act No. 40 of 26 August 1999, establishing the special regime of penal responsibility of young persons, and resolution No. 008-2002, adopting measures for dealing with cases relating to organized crime. The Committee notes that, with the exception of section 489(16) of the Family Code, which does not however establish any penalties for violations, none of the measures referred to by the Government in its report appear to prohibit the use, procuring or offering of a child for illicit activities. It therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention. The Committee also requests the Government to indicate whether section 489(16) of the Family Code is applied in national law and to provide examples of the application of this provision in practice. Furthermore, it requests the Government to indicate whether the national legislation established penalties for violations of section 489(16).

Clause (d). Hazardous work. The Committee notes with interest that, by virtue of section 118(1) of the Labour Code and section 510(1) of the Family Code, work which, by its nature or the conditions in which it is carried out, is likely to harm health, safety or morals, or to prejudice school attendance, is prohibited for young persons under 18 years of age.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 118(1) of the Labour Code and section 510(1) of the Family Code include a list of types of hazardous work prohibited for young persons under 18 years of age. However, it notes that under the terms of section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not cover work performed by young persons in training institutions where such work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air, inland waterways and work on docks, boats and warehouses; work relating to the production, transformation and transmission of energy; the handling of explosive and inflammable substances; and underground work in mines, quarries, tunnels or sewers. The Committee notes that section 118(2) of the Labour Code and section 510(2) of the Family Code do not determine the age from which a young person may be authorized to perform the above hazardous types of activities.

The Committee reminds the Government that, in accordance with Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which enumerates activities to which the Government could give special consideration when determining hazardous types of work. The Committee requests the Government to indicate whether consideration has been given to the activities enumerated in Paragraph 3 of Recommendation No. 190 and which are not covered by section 118(2) of the Labour Code or section 510(2) of the Family Code, such as: work underground; work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; and work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health.

The Committee notes that, in the context of the national programme to combat the worst forms of child labour, certain types of hazardous work are determined in accordance with Article 3(d) of the Convention. Furthermore, in its first report, the Government indicates that, with a view to combating work by children in conditions that are harmful to their health, safety and morals, it has established a project in collaboration with ILO/IPEC for the prevention and elimination of the worst forms of domestic work by children. It adds that a study was carried out in the province of Chiriquí to ascertain the extent, nature and socio-economic context of child labour in this sector. The Committee also notes that the Government refers in its report to the national report on child labour carried out by the Statistics and Census Directorate (SIMPOC) and published by ILO/IPEC. According to the statistics contained in this report, a total of 25,273 young persons work in the agricultural sector, which is considered to be hazardous for the health and safety of young persons. In view of the above, the Committee hopes that, when determining the hazardous types of work, the Government will take into consideration the studies referred to above and the types of work enumerated in Paragraph 3 of Recommendation No. 190. It requests the Government to provide a copy of the list of hazardous types of work when it has been established and to provide information on the consultations held with organizations of employers and workers in accordance with the provisions of this Article.

Paragraph 2. Identification of hazardous work. The Committee notes the information provided by the Government in its first report to the effect that inspections and surveys have been carried out to identify where the types of work exist which could be considered as the worst forms of child labour. In this connection, the Government refers to the study on child domestic work and the survey on child labour statistics carried out by SIMPOC, the objective of which is to identify the extent and characteristics of child labour with a view to developing policies and programmes which will contribute to the elimination of child labour and the protection of young workers in Panama. The Committee requests the Government to provide information on the results achieved on the basis of the study of child domestic work and the survey of child labour statistics and their contribution to identifying where hazardous types of work exist.

Paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee notes the Government’s indication that the periodic examination to determine the worst forms of child labour and consultations with the organizations of employers and workers are envisaged in the context of the national programme to combat the worst forms of child labour. It requests the Government to keep it informed of developments in this respect.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its report that, when the national programme to combat the worst forms of child labour is implemented, it will be possible for it to establish a mechanism to facilitate the dissemination of information concerning the application of the Convention. However, according to the Government, efforts are continually being made to establish appropriate mechanisms and for the development of action in the best interests of children. The Committee hopes that the Government will be in a position to provide information in its next report on the mechanisms established and their operation, including extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with this Article.

Article 6, paragraph 1. Programme of action to eliminate the worst forms of child labour. 1. Projects in collaboration with ILO/IPEC. The Committee notes that the Government, in collaboration with ILO/IPEC, has implemented several projects to eliminate the worst forms of child labour and child labour as a whole. In this respect, the Committee notes the following projects: project for the prevention and elimination of the worst forms of domestic work by children; project for the prevention and elimination of the commercial sexual exploitation of girls and boys in Central America, Panama and the Dominican Republic; project concerning the current situation of girls, boys and young workers in the industrial production of sugar cane, melons and tomatoes; project covering the coffee sector; project concerning the situation of girls, boys and young persons packing goods in supermarkets. The Committee requests the Government to provide information on the implementation of the above projects.

2. Plans of action on child labour, the commercial sexual exploitation of children and the situation of street children. The Committee notes that, in its report in 2003 on the application of Convention No. 138, the Government refers to Decree No. 91 of 6 December 2003 adopting a public policy respecting child labour, the commercial sexual exploitation of children and the situation of street children. Under the terms of section 2 of this Decree, a management and coordination unit has been established. The Committee notes that in October 2002, the main orientations were prepared of three plans of action, namely: the plan of action on child labour, coordinated by the Ministry of Labour and Employment Development (MITRADEL) and the National Directorate of Labour Inspection; the plan of action on commercial sexual exploitation, coordinated by the non-governmental organization - CEFA; and the plan of action on street children, coordinated by the Ministry of Education. It requests the Government to provide copies of the three plans of action when their preparation has been completed and to supply information on their implementation.

Paragraph 2. Consultation with government institutions, employers’ and workers’ organizations and other concerned groups. The Committee notes the information provided by the Government that the National Programme to Combat the Worst Forms of Child Labour in Panama (2002-05) was formally presented in July 2003 to the ministries of state which form the "social cabinet" and to the members of the Committee for the Elimination of Child Labour and the Protection of Young Workers, as well as to the various media. It also notes the Government’s indication that, with regard to the project concerning the situation of girls, boys and young persons packing goods in supermarkets, consultations were held with employers’ and workers’ organizations. The Committee requests the Government to provide information on the consultations held for the other projects that it has implemented, namely: the project for the prevention and elimination of the worst forms of domestic work by children; the project for the prevention and elimination of the commercial sexual exploitation of girls and boys in Central America, Panama and the Dominican Republic; the project concerning the current situation of girls, boys and young workers in the industrial production of sugar cane, melons and tomatoes; and the project covering the coffee sector.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. In its first report, the Government indicates that no measures have been adopted or penal sanctions established to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. However, a Bill will be prepared, with the support of ILO/IPEC, as soon as the National Programme to Combat the Worst Forms of Child Labour in Panama is implemented. The Committee notes that the proposal to prepare preliminary draft legislation to amend the Penal Code only concerns the commercial sexual exploitation of young persons. It requests the Government to provide information on the steps taken to ensure that measures are adopted to secure the enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions, in accordance with Article 7, paragraph 1, of the Convention.

Paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the information provided by the Government to the effect that, in the context of the National Programme to Combat the Worst Forms of Child Labour in Panama, pilot activities are envisaged to remove 1,000 girls, boys and young persons between the ages of 5 and 17 years working in the worst forms of child labour. It also notes that at least 200 families will be targeted. Under the programme, the children will be removed from hazardous types of work or warned that they are employed under dangerous conditions. Two pilot projects are envisaged in the informal sector and the agricultural sector. Once they have been removed, the children will benefit from a programme of education and social protection. The parents will receive technical training and financial support. The Committee requests the Government to provide information on the results obtained through the implementation of the two pilot projects in the informal sector and the agricultural sector, particularly with regard to the rehabilitation and social integration of children following their removal from work.

Clause (c). Access to free basic education. The Committee notes the information provided by the Government in its first report that training centres for child workers have been established to provide literacy services and remedial education in basic subjects. The Government also indicates that section 34 of the Organic Education Act provides that the first and second levels of education are free of charge. Furthermore, Act No. 18 of 29 September 1983 established the National Vocational Training Institute (INAFORP), which provides a series of programmes to train young workers in various fields to facilitate their integration into the labour market. The Committee requests the Government to provide a copy of the Organic Education Act and of Act No. 18 of 29 September 1983.

Clause (d). Children at special risk. The Committee notes the information provided by the Government in its report that, in collaboration with ILO/IPEC, inspections and studies are carried out in the country to identify children at special risk. The Committee requests the Government to provide information on the results of the inspections and studies, particularly with regard to the identification of children at special risk and the manner in which the Government intends to protect them.

Clause (e). The special situation of girls. In its first report, the Government indicates that no measures have been taken to protect girls working as domestic workers, which is considered to be one of the worst forms of child labour. The Government adds that a phase of raising the awareness of society is to be undertaken concerning the problem of the commercial sexual exploitation of girls, boys and young persons. The Committee requests the Government to provide information on the results obtained through the measures adopted to protect girls engaged in domestic work and on the phase of raising the awareness of society concerning the problem of the commercial sexual exploitation of girls, boys and young persons.

Part IV of the report form. Application of the Convention in practice. In its first report, the Government indicates that the Convention has been applied in internal law since the adoption of Act No. 18 of 15 June 2000, approving the Convention. Furthermore, the re-establishment of the Technical Secretariat of the Committee for the Elimination of Child Labour and the Protection of Young Workers, which is responsible for existing programmes of action and measures to achieve the objectives of the Convention, also contributes to the application of the Convention. While noting the Government’s information, the Committee emphasizes that, even though the Government is collaborating with ILO/IPEC and in this respect has established several projects for the elimination of the worst forms of child labour and of child labour in general, measures nevertheless need to be taken at the legislative level to give effect to the Convention. The Committee requests the Government to take measures to ensure that the difficulties encountered at the legislative level in the application of the Convention are overcome.

Part V of the report form. The Committee notes with interest the national report on child labour prepared by SIMPOC and published by ILO/IPEC in March 2003. It requests the Government to provide information on the programmes of action for the elimination for the worst forms of child labour established following the publication of this report.

While noting the detailed information and documents provided by the Government, the Committee notes that in certain cases the statistics and data are not specifically related to the worst forms of child labour. The Committee therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, the penal sanctions applied, etc. In so far as possible, the information provided should be disaggregated by gender.

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

The Committee notes the Government’s first report.

Article 1 of the Convention. The Committee notes the detailed information provided by the Government in its first report and observes that it is taking various measures at the legislative level and through technical cooperation to eliminate the worst forms of child labour. The Committee notes with interest the information provided by the Government in its report to the effect that, in collaboration with ILO/IPEC, the Government envisages implementing the "National Programme to Combat the Worst Forms of Child Labour in Panama (2002-05)". It requests the Government to indicate the measures taken in the context of this programme to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes the information provided by the Government in its report that the worst forms of child labour, as defined in Article 3(a) of the Convention, are not part of the cultural reality of the country and that no measures have therefore been taken with regard to slavery, debt bondage, serfdom and forced or compulsory labour of girls and boys. However, the Committee notes that section 489(9) and (15) of the Family Code establishes the right for each child to be protected against any form of violence, negligence or exploitation, including economic exploitation. The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, slavery, debt bondage, serfdom and forced or compulsory labour are considered to be among the worst forms of child labour and that, in accordance with Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit or prevent forced or compulsory labour.

2. Sale and trafficking of children. The Committee notes that section 489(17) of the Family Code provides that all children have the right to be protected against sale and trafficking irrespective of their purpose and in all their forms. The Committee notes that this provision of the Family Code does not give grounds for inferring that the sale and trafficking of children is formally prohibited in Panama. It therefore requests the Government to indicate whether section 489(17) of the Family Code is applied in national law and to provide examples of the application of this provision in practice. It also requests the Government to indicate whether the national legislation provides for sanctions in cases of violation of section 489(17).

3. Forced or compulsory recruitment of children for use in armed conflicts. The Committee notes that by virtue of article 305 of the Constitution, the Republic of Panama shall not have an army. As a result of this provision, military service is not compulsory. However, article 305 of the Constitution also provides that Panamanian nationals are obliged to take up arms to defend national independence and the integrity of the national territory. The Committee requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the forced or compulsory recruitment of children under 18 years of age for use in armed conflict in a situation of the defence of national independence and the integrity of the State, as envisaged in article 305 of the Constitution.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes the study on the commercial exploitation of girls, boys and young persons in Panama, published by ILO/IPEC in 2001, a copy of which was provided by the Government. This study indicates that, although Panama has ratified the majority of the international instruments for the protection of children and young persons, no legislation defining and punishing their sexual exploitation has been adopted in Panama. The Committee notes the document entitled "Proposal for a workplan for the formulation of preliminary draft legislation to reform the Penal Code in respect of violations relating to the commercial sexual exploitation of young persons", provided by the Government in annex to its report in 2003 on the application of Convention No. 138. According to this document, it is proposed to prepare, in collaboration with ILO/IPEC, a preliminary draft to reform the Penal Code in relation to the commercial sexual exploitation of young persons. The Committee requests the Government to keep it informed of developments with regard to this draft legislation.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that section 489(16) of the Family Code provides that all young persons have the right to be protected against the illicit use of drugs or psychotropic substances, and against their use in the production and trafficking of these substances. It also notes the adoption of Act No. 40 of 26 August 1999, establishing the special regime of penal responsibility of young persons, and resolution No. 008-2002, adopting measures for dealing with cases relating to organized crime. The Committee notes that, with the exception of section 489(16) of the Family Code, which does not however establish any penalties for violations, none of the measures referred to by the Government in its report appear to prohibit the use, procuring or offering of a child for illicit activities. It therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention. The Committee also requests the Government to indicate whether section 489(16) of the Family Code is applied in national law and to provide examples of the application of this provision in practice. Furthermore, it requests the Government to indicate whether the national legislation established penalties for violations of section 489(16).

Clause (d). Hazardous work. The Committee notes with interest that, by virtue of section 118(1) of the Labour Code and section 510(1) of the Family Code, work which, by its nature or the conditions in which it is carried out, is likely to harm health, safety or morals, or to prejudice school attendance, is prohibited for young persons under 18 years of age.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 118(1) of the Labour Code and section 510(1) of the Family Code include a list of types of hazardous work prohibited for young persons under 18 years of age. However, it notes that under the terms of section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not cover work performed by young persons in training institutions where such work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air, inland waterways and work on docks, boats and warehouses; work relating to the production, transformation and transmission of energy; the handling of explosive and inflammable substances; and underground work in mines, quarries, tunnels or sewers. The Committee notes that section 118(2) of the Labour Code and section 510(2) of the Family Code do not determine the age from which a young person may be authorized to perform the above hazardous types of activities.

The Committee reminds the Government that, in accordance with Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which enumerates activities to which the Government could give special consideration when determining hazardous types of work. The Committee requests the Government to indicate whether consideration has been given to the activities enumerated in Paragraph 3 of Recommendation No. 190 and which are not covered by section 118(2) of the Labour Code or section 510(2) of the Family Code, such as: work underground; work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; and work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health.

The Committee notes that, in the context of the national programme to combat the worst forms of child labour, certain types of hazardous work are determined in accordance with Article 3(d) of the Convention. Furthermore, in its first report, the Government indicates that, with a view to combating work by children in conditions that are harmful to their health, safety and morals, it has established a project in collaboration with ILO/IPEC for the prevention and elimination of the worst forms of domestic work by children. It adds that a study was carried out in the province of Chiriquí to ascertain the extent, nature and socio-economic context of child labour in this sector. The Committee also notes that the Government refers in its report to the national report on child labour carried out by the Statistics and Census Directorate (SIMPOC) and published by ILO/IPEC. According to the statistics contained in this report, a total of 25,273 young persons work in the agricultural sector, which is considered to be hazardous for the health and safety of young persons. In view of the above, the Committee hopes that, when determining the hazardous types of work, the Government will take into consideration the studies referred to above and the types of work enumerated in Paragraph 3 of Recommendation No. 190. It requests the Government to provide a copy of the list of hazardous types of work when it has been established and to provide information on the consultations held with organizations of employers and workers in accordance with the provisions of this Article.

Paragraph 2. Identification of hazardous work. The Committee notes the information provided by the Government in its first report to the effect that inspections and surveys have been carried out to identify where the types of work exist which could be considered as the worst forms of child labour. In this connection, the Government refers to the study on child domestic work and the survey on child labour statistics carried out by SIMPOC, the objective of which is to identify the extent and characteristics of child labour with a view to developing policies and programmes which will contribute to the elimination of child labour and the protection of young workers in Panama. The Committee requests the Government to provide information on the results achieved on the basis of the study of child domestic work and the survey of child labour statistics and their contribution to identifying where hazardous types of work exist.

Paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee notes the Government’s indication that the periodic examination to determine the worst forms of child labour and consultations with the organizations of employers and workers are envisaged in the context of the national programme to combat the worst forms of child labour. It requests the Government to keep it informed of developments in this respect.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its report that, when the national programme to combat the worst forms of child labour is implemented, it will be possible for it to establish a mechanism to facilitate the dissemination of information concerning the application of the Convention. However, according to the Government, efforts are continually being made to establish appropriate mechanisms and for the development of action in the best interests of children. The Committee hopes that the Government will be in a position to provide information in its next report on the mechanisms established and their operation, including extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with this Article.

Article 6, paragraph 1. Programme of action to eliminate the worst forms of child labour. 1. Projects in collaboration with ILO/IPEC. The Committee notes that the Government, in collaboration with ILO/IPEC, has implemented several projects to eliminate the worst forms of child labour and child labour as a whole. In this respect, the Committee notes the following projects: project for the prevention and elimination of the worst forms of domestic work by children; project for the prevention and elimination of the commercial sexual exploitation of girls and boys in Central America, Panama and the Dominican Republic; project concerning the current situation of girls, boys and young workers in the industrial production of sugar cane, melons and tomatoes; project covering the coffee sector; project concerning the situation of girls, boys and young persons packing goods in supermarkets. The Committee requests the Government to provide information on the implementation of the above projects.

2. Plans of action on child labour, the commercial sexual exploitation of children and the situation of street children. The Committee notes that, in its report in 2003 on the application of Convention No. 138, the Government refers to Decree No. 91 of 6 December 2003 adopting a public policy respecting child labour, the commercial sexual exploitation of children and the situation of street children. Under the terms of section 2 of this Decree, a management and coordination unit has been established. The Committee notes that in October 2002, the main orientations were prepared of three plans of action, namely: the plan of action on child labour, coordinated by the Ministry of Labour and Employment Development (MITRADEL) and the National Directorate of Labour Inspection; the plan of action on commercial sexual exploitation, coordinated by the non-governmental organization - CEFA; and the plan of action on street children, coordinated by the Ministry of Education. It requests the Government to provide copies of the three plans of action when their preparation has been completed and to supply information on their implementation.

Paragraph 2. Consultation with government institutions, employers’ and workers’ organizations and other concerned groups. The Committee notes the information provided by the Government that the National Programme to Combat the Worst Forms of Child Labour in Panama (2002-05) was formally presented in July 2003 to the ministries of state which form the "social cabinet" and to the members of the Committee for the Elimination of Child Labour and the Protection of Young Workers, as well as to the various media. It also notes the Government’s indication that, with regard to the project concerning the situation of girls, boys and young persons packing goods in supermarkets, consultations were held with employers’ and workers’ organizations. The Committee requests the Government to provide information on the consultations held for the other projects that it has implemented, namely: the project for the prevention and elimination of the worst forms of domestic work by children; the project for the prevention and elimination of the commercial sexual exploitation of girls and boys in Central America, Panama and the Dominican Republic; the project concerning the current situation of girls, boys and young workers in the industrial production of sugar cane, melons and tomatoes; and the project covering the coffee sector.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. In its first report, the Government indicates that no measures have been adopted or penal sanctions established to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. However, a Bill will be prepared, with the support of ILO/IPEC, as soon as the National Programme to Combat the Worst Forms of Child Labour in Panama is implemented. The Committee notes that the proposal to prepare preliminary draft legislation to amend the Penal Code only concerns the commercial sexual exploitation of young persons. It requests the Government to provide information on the steps taken to ensure that measures are adopted to secure the enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions or, as appropriate, other sanctions, in accordance with Article 7, paragraph 1, of the Convention.

Paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the information provided by the Government to the effect that, in the context of the National Programme to Combat the Worst Forms of Child Labour in Panama, pilot activities are envisaged to remove 1,000 girls, boys and young persons between the ages of 5 and 17 years working in the worst forms of child labour. It also notes that at least 200 families will be targeted. Under the programme, the children will be removed from hazardous types of work or warned that they are employed under dangerous conditions. Two pilot projects are envisaged in the informal sector and the agricultural sector. Once they have been removed, the children will benefit from a programme of education and social protection. The parents will receive technical training and financial support. The Committee requests the Government to provide information on the results obtained through the implementation of the two pilot projects in the informal sector and the agricultural sector, particularly with regard to the rehabilitation and social integration of children following their removal from work.

Clause (c). Access to free basic education. The Committee notes the information provided by the Government in its first report that training centres for child workers have been established to provide literacy services and remedial education in basic subjects. The Government also indicates that section 34 of the Organic Education Act provides that the first and second levels of education are free of charge. Furthermore, Act No. 18 of 29 September 1983 established the National Vocational Training Institute (INAFORP), which provides a series of programmes to train young workers in various fields to facilitate their integration into the labour market. The Committee requests the Government to provide a copy of the Organic Education Act and of Act No. 18 of 29 September 1983.

Clause (d). Children at special risk. The Committee notes the information provided by the Government in its report that, in collaboration with ILO/IPEC, inspections and studies are carried out in the country to identify children at special risk. The Committee requests the Government to provide information on the results of the inspections and studies, particularly with regard to the identification of children at special risk and the manner in which the Government intends to protect them.

Clause (e). The special situation of girls. In its first report, the Government indicates that no measures have been taken to protect girls working as domestic workers, which is considered to be one of the worst forms of child labour. The Government adds that a phase of raising the awareness of society is to be undertaken concerning the problem of the commercial sexual exploitation of girls, boys and young persons. The Committee requests the Government to provide information on the results obtained through the measures adopted to protect girls engaged in domestic work and on the phase of raising the awareness of society concerning the problem of the commercial sexual exploitation of girls, boys and young persons.

Part IV of the report form. Application of the Convention in practice. In its first report, the Government indicates that the Convention has been applied in internal law since the adoption of Act No. 18 of 15 June 2000, approving the Convention. Furthermore, the re-establishment of the Technical Secretariat of the Committee for the Elimination of Child Labour and the Protection of Young Workers, which is responsible for existing programmes of action and measures to achieve the objectives of the Convention, also contributes to the application of the Convention. While noting the Government’s information, the Committee emphasizes that, even though the Government is collaborating with ILO/IPEC and in this respect has established several projects for the elimination of the worst forms of child labour and of child labour in general, measures nevertheless need to be taken at the legislative level to give effect to the Convention. The Committee requests the Government to take measures to ensure that the difficulties encountered at the legislative level in the application of the Convention are overcome.

Part V of the report form. The Committee notes with interest the national report on child labour prepared by SIMPOC and published by ILO/IPEC in March 2003. It requests the Government to provide information on the programmes of action for the elimination for the worst forms of child labour established following the publication of this report.

While noting the detailed information and documents provided by the Government, the Committee notes that in certain cases the statistics and data are not specifically related to the worst forms of child labour. The Committee therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, the penal sanctions applied, etc. In so far as possible, the information provided should be disaggregated by gender.