Texts of pending comments

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, and the Government’s reply to them.

Prospects for the ratification of the most up-to-date instrument: the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In its previous comments, the Committee noted that the Government was analysing the possibility of ratifying Convention No. 169. The Committee notes the Government’s indication in its report that: (1) it has always been very careful when taking decisions on the ratification of ILO instruments and that, before proceeding to the ratification of a Convention, it is first necessary to adopt the necessary measures to harmonize national law and practice with its provisions; (2) the existence of significant incompatibilities has been noted between Convention No. 169, the Constitutional provisions and the national legislation and accordingly the Government has considered it prudent for now not to ratify the Convention; and (3) the Government evaluated the possibility of ratifying Convention No. 169 at the appropriate time, but in view of the above, the scope and responsibilities deriving from the Convention, was cautious in taking a definitive decision in this respect. The Committee notes the indication by CONUSI that the subject of the ratification of Convention No. 169 cannot be put off any longer and that the Tripartite Social Dialogue Commission established in 2012 had accepted the decision to address the approval of the Convention. On this point, the Government indicates that, at that time, the Ministry of Labour and Labour Development did not agree with the ratification of Convention No. 169, tried to deal with the situation in a positive manner while expressing its reservations in relation to the ratification of that Convention for the above-mentioned reasons. While noting all the above information, the Committee trusts that, giving effect to the decision of the ILO Governing Body (328th Session, October-November 2016, GB.328/LILS/2/1), the Government will continue to consider the possibility of ratifying Convention No. 169, considered by the Governing Body to be the most up-to-date instrument on the subject. The Committee recalls the importance of tripartite dialogue as well as dialogue with indigenous peoples on this subject. Finally, the Committee recalls that the Government can have recourse to ILO technical assistance, including with a view to collaborating in seeking measures that could be adopted to overcome the incompatibilities referred to above.

Articles 2(2)(b) and 6 of the Convention. Improvement of living conditions. In its previous comments, the Committee noted that the highest percentage of people living in multidimensional poverty is in indigenous comarcas and encouraged the Government to continue taking measures to improve the living conditions of the peoples covered by the Convention. The Committee notes the extensive statistical data provided by the Government on the socio-economic situation of indigenous peoples. According to the Report on Poverty and Indigence by Income (2019), 55.8 per cent of persons in the Guna Yala comarca and 66.9 per cent of those in the Ngäbe Buglé comarca were living in extreme poverty in 2019. According to the gender-focussed Social Progress Index for Panama (2019), the percentage of indigenous persons aged 18 years and over who had not completed secondary education or had not completed any educational level in 2019 was 80.77 per cent. The Committee notes the Government’s indication that the multidimensional poverty suffered by indigenous peoples has been considered in the Government’s Strategic Plan for the period 2019-24 and that, on this basis, priority measures and action have been identified, including: the strengthening of the Department of Indigenous Affairs; consultation and agreement on plans at the level of regions and comarcas with a view to improving the living and health conditions of indigenous peoples; programmes of micro-credit and the promotion of sustainable agriculture and agricultural tourism; the improvement of communication routes in comarcas and literacy programmes. The Committee also notes the information on the collaboration between the Government and the private sector to promote entrepreneurship in indigenous communities, for example through the Colmena Plan which, through investment in sustainable projects, is seeking to reduce the conditions of social and economic vulnerability of the 300 poorest districts in the country. The Committee welcomes the availability of updated statistics on the situation of indigenous peoples, which are an essential tool for the effective definition and orientation of policies for indigenous peoples, and encourages the Government to continue its efforts to improve the socio-economic conditions of people living in indigenous comarcas. In this regard, the Committee requests the Government to provide information on the progress made in the various actions envisaged to improve the socio-economic situation of persons living in indigenous comarcas, and in particular the Ngäbe Buglé comarca.

Article 5. Environmental consultations. In its previous comments, the Committee noted the General Act on the Environment (Act No. 41) of 1998, which provides that studies for the exploration, exploitation and use of the natural resources that are authorized in lands occupied by indigenous comarcas or peoples shall not be detrimental to the cultural, social and economic integrity and spiritual values of these peoples (section 95); and that where projects are developed in the territories of indigenous communities, consultation processes shall be held with a view to reaching agreements with the representatives of such communities and obtaining compensatory benefits (section 98). It also noted Act No. 37 of 2016, which establishes the requirement to consult indigenous peoples on measures which may affect their collective rights, including development projects. In this regard, the Committee requested the Government to provide information on the manner in which such consultations are held, and on the manner in which indigenous peoples participate in the preparation of environmental impact studies for projects that may affect their rights.

The Committee notes that the Government refers to Executive Decree No. 123 of 14 August 2009 which, in section 12, requires promotors of activities, works and/or projects to guarantee the participation of civil society, including indigenous peoples, in the process of the preparation and evaluation of the environmental impact study for their project, work or activity. The Government also refers to Act No. 11 of March 2012 establishing a special system for the protection of mineral, hydrological and environmental resources in the Ngäbe Buglé comarca (the largest comarca in the territory), section 6 of which provides that hydro-electric projects that are to be located wholly or partially within that territory shall obtain the approval of the respective congresses (general, regional or local) and shall then be submitted to a referendum in the respective comarca, region or local area. The Government specifies that the Ministry of the Environment makes it compulsory for promotors of activities, works or projects for which it is required to submit the environmental impact study which are located in indigenous lands, to present the authorization issued by the highest traditional authority in that territory. The Committee also notes the Government’s indication that consultations have been held with the traditional authorities of the 12 indigenous peoples of Panama which have resulted in various agreed decisions, including a decision in support of the strengthening of the legal framework for the regulation of Act No. 37 of 2016. The Committee notes the various legislative provisions which envisage the participation of indigenous peoples in relation to projects that may affect their collective rights and requests the Government to continue providing information on the application in practice of these provisions, and particularly section 12 of Executive Decree No. 123 of 14 August 2009 and section 6 of Act No. 11 of March 2012. The Committee also requests the Government to continue providing examples of the consultations held with indigenous peoples within the framework of Act No. 37 of 2016 and on the agreements reached, as well as information on progress in issuing regulations under Act No. 37 of 2016.

Article 11. Disputes concerning lands. For several years, the Committee has been noting the allegations of intrusions into the collective lands of the Kuna de Madungandí and Emberá de Alto Bayano peoples, as well as the action taken by the Government to bring together the parties involved in the land disputes with a view to finding a solution, and it has requested the Government to provide information on the outcome of these actions. The Committee notes that the Department of Indigenous Affairs has been following up the process of resolving land disputes between rural workers and members of the Kuna de Madungandí comarca. It also notes the creation of a high-level commission which decided to undertake inspections in the areas of Tortí Medio and Tortí Abajo. The findings of the inspection show that there are 31 informal dwellings in the Kuna collective territory which, according to the Government, will be removed. With regard to the territory of the Emberá de Alto Bayano community, CONUSI indicates that the process of the delivery of title to the collective lands of Alto Bayano to the Piriatí Emberá community is still pending. In this regard, the Committee notes the Government’s indication that there is a property in the name of an individual in the Piriatí Emberá community, which has to be annulled in order to proceed with the public registration of the collective ownership to the lands of the Alto Bayano. The Committee takes due note that the Government has held meetings with the National Lands Authority and the National Geographical Institute with a view to developing a methodology for the use of technological means to verify the borders of comarcas and indigenous lands that are subject to dispute as a means of resolving disputes concerning lands. The Committee encourages the Government to continue its efforts to find a solution without delay to the disputes concerning lands involving the Kuna de Madungandí and Emberá de Alto Bayano peoples and requests it to provide information on any progress achieved in this regard.

Article 12. Removal of populations. Climate change. In its previous comment, the Committee noted that the Government was envisaging the sustainable removal of 1,500 persons belonging to the Guna Yala comarca in the San Blas archipelago, who are faced with rising sea levels as a result of climate change. The Committee notes the Government’s indication that, in the context of its third national communication of 2018 under the United Nations Framework Convention on Climate Change, a climate vulnerability study was undertaken in the Guna Yala comarca, which raised the issue of the relocation of those populations as an adaptation measure. The Committee notes that, according to the CONUSI, there is no information on the implementation of the sustainable removals, nor on the measures adopted to ensure that the communities to be removed benefit from lands that are at least equal to those that they previously occupied. The Committee also notes Executive Decree No. 125 of 2 March 2021, which establishes an Indigenous Peoples Environment Office. It notes with interest that the objective of this Office is to advise on compliance with the plans and projects established in environmental policies, in coordination with the Department of Indigenous Affairs and the traditional authorities of indigenous peoples, and that it has facilities to provide advice on the measures to be taken so that indigenous peoples who have to be removed in exceptional circumstances can obtain lands of equal or better quality. The Committee, taking into account the situation of vulnerability of the inhabitants of the Guna Yala comarca, whose lands are threatened by the imminent rise in sea levels, encourages the Government to take the appropriate measures to protect the physical safety of these inhabitants. In this regard, the Committee requests the Government to provide information on the measures adopted with a view to ensuring that the communities that have to be removed can be relocated on lands of quality at least equal to those that they previously occupied and which enable them to provide for their needs, with an indication of the number of members of the Guna Yala comarca who have been removed. Finally, the Committee requests the Government to provide information on the activities undertaken by the Indigenous Peoples Environment Office and the manner in which coordination with the Department of Indigenous Affairs and with the traditional authorities of indigenous peoples is ensured in this regard.

Article 15. Recruitment and conditions of employment. In its previous comments, the Committee encouraged the Government to take measures to promote decent work for the peoples covered by the Convention, and particularly indigenous women. In this regard, the Committee notes the detailed information on the various measures adopted by the Ministry of Labour and Employment Development, together with the National Institute for Women and the Vocational Training and Human Skills Development Institute to promote the labour market integration and entrepreneurship of indigenous women of the Ngäbe Buglé and Emberá Wounaan communities. The Committee also notes the reference by the CONUSI to the second report on the labour situation in Panama in 2019, according to which the hourly wages of indigenous dependent workers in Panama are 47 per cent lower than those of non-indigenous dependent workers. The CONUSI adds that, according to the labour market survey (2019), the informality and precarious work indices in 2019 were higher than 80 per cent in the Kuna Yala, Emberá and Ngäbe Buglé comarcas. The Committee welcomes the measures adopted by the Government to promote the labour market integration of indigenous women and invites it to continue providing information on this subject, as well as on the impact of the measures. The Committee also requests the Government to provide information on the measures adopted with a view to resolving the wage gap between indigenous workers and other workers, and to preventing any type of discrimination in employment. Finally, the Committee requests the Government to provide updated statistics on the labour situation of indigenous peoples, where possible disaggregated by gender.

Article 20. Health. The Committee notes that the National Council for the Comprehensive Development of Indigenous Peoples (CNDIPI) adopted Decision No. 1 of 5 June 2020 to include the approval of the Plan of Action for the Prevention and Control of COVID-19 in indigenous comarcas and collective lands among the activities implemented within the framework of the PDIPIP. In accordance with this Decision, traditional medicine has to be recognized when purchasing medical equipment and supplies to prevent and control COVID-19. It also provides that the Ministry of Health shall create an office within its regional services to cover indigenous territories and coordinate with the Department of Indigenous Affairs and the traditional authorities to monitor levels of infection in indigenous territories. The Committee welcomes the adoption of measures to prevent and control the spread of COVID-19 which recognize the value of indigenous traditional medicine and it encourages the Government to provide information on the manner in which the Ministry of Health, the Department of Indigenous Affairs and the traditional authorities undertake coordinated action to strengthen the health systems in indigenous communities.

Articles 21 to 26. Education. In its previous comments, the Committee welcomed the measures taken by the Government to promote intercultural bilingual education. The Committee notes the Government’s indication that, through the National Directorate for Intercultural Bilingual Education, educational programmes and materials have been developed focussing on indigenous identity and translated into the languages of the communities. Teachers have also been trained who are being sent to work in indigenous communities. The Committee also notes the measures taken to prevent and eradicate child labour, which include the provision of education grants and food services. In 2019 and 2020, there were 793 beneficiaries of these measures in the Kuna Yala, Emberá and Ngäbe Buglé indigenous comarcas. The Committee encourages the Government to continue its efforts with a view to ensuring that indigenous peoples have the opportunity to acquire education on an equal footing with the rest of society. In this regard, the Committee requests the Government to provide updated data on the school enrolment and completion rates of boys, girls and young persons belonging to indigenous comarcas.

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, as well as the Government’s reply to them.

Articles 2 and 5(b) of the Convention. Coordinated and systematic programmes. Participation of indigenous peoples. In its previous comments, the Committee noted the adoption of the Plan for the Comprehensive Development of the Indigenous Peoples of Panama (PDIPIP), formulated with the participation of the representatives of the various indigenous peoples of the country, as well as the support project for the implementation of the PDIPIP. In this regard, the Committee requested the Government to provide information on the results achieved through its implementation. The Committee also noted the establishment of the National Council for the Comprehensive Development of Indigenous Peoples (CNDIPI) as an advisory body on public policies targeting indigenous peoples.

The Committee notes the Government’s indication in its report that the PDIPIP seeks in the short term to respond to the urgent needs in terms of infrastructure and installations given priority by indigenous communities in the fields of health, education, water and sanitation. In the medium term, the Plan will contribute to the design and implementation of programmes to improve the quality and cultural relevance of these services, and in the long term to transforming the capacity of the Government and indigenous authorities to plan and invest in their territories. The execution of the PDIPIP is under the responsibility of several Ministries, which shall have the authorization of the traditional authorities and have to work in coordination with them. Five of the seven indigenous peoples in the country have defined their own plans of action through consultations involving indigenous women. The Committee takes due note of the activities and results achieved within the framework of the support project for the implementation of the PDIPIP between 2018 and 2020, and the information on the active participation of indigenous peoples in its execution and evaluation. It also notes the establishment of the Multisectoral Technical Working Group in the Department of Indigenous Affairs, which brings together the indigenous territories and comarcas in Panama and is called upon to examine broad themes such as the PDIPIP, governance in indigenous territories and other subjects of interest to indigenous populations.

The Committee also notes with interest Bill No. 316 of March 2020 establishing measures for the comprehensive development of the indigenous peoples of Panama which, according to the Government, has already been examined and received the support of the CNDIPI. In accordance with section 2 of the Bill, the Ministry of Economy and Finance shall incorporate and classify as compulsory the policies and objectives of the Government’s strategic plan for indigenous peoples and establish plans for indigenous development together with the Department of Indigenous Affairs and the CNDIPI. Section 4 of the Bill also provides that the participation of indigenous peoples shall be promoted in the formulation, design, application and evaluation of development programmes that concern them.

The Committee welcomes the measures taken by the Government for the implementation of the PDIPIP and requests it to continue providing information on the progress achieved in its various policy areas and on the number of communities that have benefited. The Committee also encourages the Government to continue promoting the participation of indigenous peoples, including, as indicated by the Government, indigenous women, in the formulation, implementation and evaluation of the development plans that concern them. In this regard, the Committee requests the Government to provide information on the manner in which indigenous peoples collaborate with the Multisectoral Technical Working Group of the Department of Indigenous Affairs. Finally, the Committee requests the Government to provide information on the progress achieved in the adoption of Bill No. 316 of March 2020 establishing measures for the comprehensive development of the indigenous peoples of Panama.

Article 11. Lands. Adjudication processes. In its previous comments, the Committee welcomed the adoption of Act No. 72 of 23 December 2008 establishing the special procedure for the adjudication of the collective ownership of lands by indigenous peoples which are not within comarcas, and it requested the Government to provide updated information on the collective lands adjudicated under the terms of the Act. The Committee notes the observation by the CONUSI that the Government has not made available updated information on the number of communities that have benefited from adjudication processes, and that the Bri Bri indigenous community requested the adjudication of its ancestral lands before the National Land Administration Authority (ANATI) in 2015, but that its claims were denied. The Committee recalls that in previous comments it noted that the Government had established dialogue forums to address the issue of the recognition of the collective territory of the Bri Bri people.

The Committee also notes the reference by the Government to the adoption of Decision No. DM-0612-2019 of 29 November 2019 of the Ministry of the Environment establishing the legal criterion to be applied by the Ministry of the Environment to determine the feasibility of approving the claims made by indigenous communities for the adjudication of collective lands, the boundaries of which coincide partially or totally with protected areas or State forest lands. In accordance with the Decision, requests for adjudication submitted by indigenous peoples shall be approved on condition that, on the basis of a technical report issued by the Department of Indigenous Affairs, the traditional occupation commenced prior to the creation of the respective protected areas or, in the case of State forest lands, that the occupation commenced prior to the entry into force of Act No. 1 of 1994 respecting forest law. The Decision also provides that, in the event of the existence of recognized collective lands of indigenous peoples, the boundaries of which coincide partially or totally with protected areas or State forest lands, the communities concerned shall submit a plan for the sustainable use of the natural resources and the community development of such areas for approval by the Ministry of the Environment.

The Committee requests the Government to take the necessary measures to address as soon as possible the claim for the recognition of the collective ownership by the Bri Bri indigenous community of the lands that they traditionally occupy and encourages it to continue dialogue with that community to seek a solution. The Committee also once again requests the Government to provide updated information on the number of requests for the adjudication of collective lands which have been approved under Act No. 72 of 2008, including the number of beneficiary communities as well as the number of requests that have been rejected along with the reasons for such rejection and the number of requests still under consideration. Finally, the Committee requests the Government to provide examples of plans for the sustainable use of natural resources submitted by indigenous communities under the terms of Decision No. DM-0612-2019 of 29 November 2019 of the Ministry of the Environment.

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

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, and the Government’s response.

Impact of the COVID-19 pandemic. In its observations, CONUSI indicates that during the pandemic there was an increase in workplace discrimination on the basis of sex. It refers in this respect to Decree No. 81 of 20 May 2020, which provides that the contracts of workers in enterprises whose operations have been closed, in accordance with preventive measures to combat the COVID-19 pandemic, shall be considered suspended for all employment-related purposes. Under section 3 of the Decree, this suspension implies that workers are not obliged to provide services and employers are not obliged to pay wages. CONUSI points out that the Government’s goal of preserving jobs through the suspension measures has not been achieved and that, as at June 2021, the Ministry of Labour and Employment Development (Ministry of Labour) (MITRADEL) recorded that 40 per cent of the suspended contracts had not been reactivated. CONUSI indicates that it alerted the Government that the measures adopted in the context of the pandemic were violating maternity protection and the maternity allowance and that the Government confirmed in reply that pregnant women could also be affected by the suspension provided for in Decree No. 81. In its response, the Government indicates that section 116-A of Act No. 157 of 3 August 2020, read in conjunction with the Labour Code, provides that the period of protection covering women who have been reintegrated into their jobs following confinement (one year) does not apply if the effects of the employment contract have been suspended under the terms of subsections 8 (unforeseeable circumstances or force majeure) and 9 (economic crises) of section 199 of the Labour Code. The remaining period of protection is reactivated as soon as the women worker is reintegrated. This means that the period of suspension does not run in parallel with the period of protection and the latter continues from the day on which the suspension of the contract ends, which is totally beneficial, when it is considered that during the period of contract suspension no worker can be dismissed. The government adds that the provisions of Act No. 157 of 2020 were transitional until 31 December 2020, with the exception of the addition of section 116-A of the Labour Code. The Committee requests the Government to provide information on the measures taken to evaluate the impact of the contract suspension system envisaged as a response to the pandemic on the employment of men and women workers, providing statistical data disaggregated by sex on the number of contracts suspended and the rate of return to work. It also requests the Government to indicate the measures adopted to ensure that women who are pregnant and on maternity leave are able to return to work as soon as possible, without risk of discrimination, particularly on grounds of pregnancy or maternity.

Articles 1 and 2 of the Convention. Discrimination on the basis of sex. With regard to the protection of women workers on temporary contracts in cases of discrimination on the grounds of pregnancy or maternity, the Government indicates in its report that under section 75 of the Labour Code contracts for a definite period must be clear and specific, as they would otherwise become indefinite contracts. The Government also indicates that in the case of women with special conditions, such as pregnancy or maternity, protection exists which has the status of a constitutional guarantee, and that section 38 of Decree No. 53 establishing regulations to implement Act No. 4 of 29 January 1999 establishing equal opportunities for women provides that “any requests from public or private employers for evidence of pregnancy, photographs, age limitations, civil status or the application of racist criteria shall be considered discrimination against women at work”. As regards reversing the burden of proof, the Government reiterates that the first step for dismissing a pregnant worker is the need for authorization from the labour authorities, where the employer is obliged to demonstrate that there is good reason for proceeding with the dismissal. The Committee notes the assertion by CONUSI in its observations that in a context where the number of temporary contracts in the country is increasing, it is difficult to establish the extent of cases of discrimination on grounds of pregnancy or maternity in relation to temporary contracts, since the relevant statistics are not disaggregated by sex or type of contract. The Committee recalls that discriminatory practices related to pregnancy or maternity have been particularly linked to dismissal and denial of the return to work following maternity leave, or the use of temporary contracts to discriminate against pregnant women (see General Survey on the fundamental Conventions, 2012, paragraph 784). The Committee once again requests the Government to provide information on the measures taken to ensure that women with temporary contracts are not subjected to discrimination on the grounds of pregnancy or maternity and are not denied a return to work after a period of maternity leave.

Sexual harassment. The Committee previously urged the Government to consider the possibility of including a provision in the Labour Code or adopting specific legislation that lays down a definition of sexual harassment that includes both quid pro quo and hostile work environment, and affords adequate protection for men and for women in all aspects of employment and education, and provides for adequate sanctions. The Committee also asked the Government to provide information on the outcomes of complaints of sexual harassment at work. The Government indicates that Act No. 7 of 14 February 2018, adopting measures to prevent, prohibit and penalize discriminatory acts and laying down other provisions, defines sexual or moral harassment as “any systematic, continual or repeated action or omission in which a person insinuates, invites, requests, pursues, limits or restricts rights, curtails freedom, acts grossly with insults, or humiliates another person in order to obtain a sexual favour or affect their dignity. In the workplace, this includes, but is not limited to, exploitation, or denying the victim the same employment opportunities or the same selection criteria, or refusing to respect the person’s continuing presence in employment, or relates to general conditions of work or involves disparaging the work performed. In the educational sphere, it consists of threats, intimidation, humiliation, mockery, physical mistreatment, discrimination against persons with disabilities or any other type of discrimination, whether or not it is based on the gender of the victim” (section 3(1)). The same Act provides that non-compliance with the established provisions shall incur the penalty of a fine of 550 to 1,000 Panamanian balboas (PAB) for the enterprise, and that the hierarchical superiors of public institutions shall be deemed to have violated the duties of public servants, as established and sanctioned by the Penal Code (section 8). The Act also provides that all employers must establish – by means of workplace regulations, collective agreements or management orders – an adequate and effective complaints and settlement procedure, to enable complaints against such conduct to be made (section 6(2)). This procedure must establish internal policies in line with the provisions of the Act, promote confidentiality, protection for the complainant and for witnesses, and also exemplary penalties for any person guilty of such conduct. The Government also indicates that the Ministry of Labour has drawn up a model protocol to identify, prevent and tackle gender-related violence, which establishes the obligation for enterprises and public institutions to draw up procedures to prevent harassment, including sexual harassment. While duly noting this information, the Committee observes that the Government’s report does not include any information on the practical handling of complaints made of sexual harassment at work. The Committee requests the Government to provide information on internal complaint and settlement procedures adopted pursuant to section 6(2) of Act No. 7 of 14 February 2018, and on the action taken on complaints of sexual harassment at work made through these procedures. The Committee also requests the Government to provide detailed information on the number of cases identified by the labour inspectorate and of complaints lodged – including in judicial proceedings in the civil, administrative and criminal courts – and also on the outcome of such cases, the penalties imposed and remedies granted.

Article 2. National policy on gender equality. In reply to the Committee’s request concerning the impact of the Plan of Action on equal opportunities for women (PPIOM) 2016–19, the Government indicates that it has not yet been possible to undertake the evaluation of the PPIOM 2016–19 as the period for its implementation has not been fully completed, a situation aggravated by the start of the COVID-19 pandemic. However, the Government provides detailed information on the development of the PPIOM 2016–19, including details of the activities of the Government Mechanism Network comprising 48 public bodies – and the five working groups within the network, responsible for ensuring implementation of the strategic actions and guidelines of the ten thematic areas of the PPIOM 2016–19. The Government also refers to a series of recent initiatives, such as: (1) the design and launch of a digital survey on gender equality at work and in the family during the COVID-19 pandemic; (2) the Programa de Desarrollo, Mujer en Logística (“women in logistics development programme”) pilot project for identifying and assisting women in vulnerable situations, and building technical and leadership skills for their return to the labour market; (3) the Eje Cambiando Vidas (“changing lives”) project, which seeks to empower women through entrepreneurship, training and cooperativism, promoting their economic independence and empowerment; (4) the training workshop for domestic workers and housekeepers who study at the Mujer Maria Auxiliadora Training Centre (CECAMMA); and (5) the training programme against violence and discrimination towards women as part of the activities of the Authentic Federation of Workers (FAT). The Government also provides statistical information, disaggregated by sex, on the distribution of graduates of the National Institute of Vocational Training and Human Resource Development (INADEH) in the various occupational categories, indicating, inter alia, that: (1) between 1 January and 31 May 2021, a total of 47 women and 17 men graduated in the Guna Yala indigenous area, and 305 women and 299 men graduated in the Ngäbe Buglé indigenous area; (2) in 2020, a total of 10,442 men and 21,804 women graduated within the general population; (3) of these graduates, a higher proportion of women received training in the areas of business management (2,893 women and 699 men) and information technology (3,597 women and 1,500 men); and (4) between 2017 and 2021, 57.4 per cent of the population who attended INADEH are women, with the majority engaged in activities in the services sector and agriculture. While duly noting this information, the Committee observes that, according to the same statistics, the percentage distribution of graduates by sex, according to training areas, shows significant segregation in certain sectors, such as beauty treatment and cosmetology (94 per cent of graduates are women), fashion and textiles (92 per cent of graduates are women), mechanical engineering (93 per cent of graduates are men) and automotive engineering (92 per cent of graduates are men). In this regard, the Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see 2012 General Survey, paragraph 750). The Committee requests the Government to continue providing statistics, disaggregated by sex, on the distribution of men and women in the various categories of vocational training and areas of occupation. The Committee also requests the Government to provide information on any measures taken to promote access to training that seek to expand the diversity of occupations for men and women, and to provide detailed statistics disaggregated by sex on the specific impact of these types of training on access to employment.

Access to education and vocational training for women from groups that are vulnerable to discrimination. With regard to measures to reduce the school drop-out rate of pregnant teenagers and ensure access to education and vocational training for rural and indigenous women, the Government indicates that most of the services provided by the Ministry of Social Development (MIDES) target vulnerable sectors, and refers to the following initiatives: (1) the Counselling and Comprehensive Care Centre (COAI); (2) the MIDES literacy programme; (3) the territorial networks project; (4) the National Secretariat for the Development of Afro-Panamanians (SENADAP); (5) the company sponsorship programme; and (6) the opportunities network programme. The Government also provides information on the activities of the National Institute for Women (INAMU) on training, and specifically the Tu Puedes Mujer (“women can”) programme, developed in 2018 in ten provinces and two indigenous areas (Ngäbe Buglé and Emberá Waunaan), and in 25 communities, of which 24 are rural and six are indigenous; as well as the Mujer Agricultora (“women farmers”) and Mujer Cambia Tu Vida (“women change your life”) programmes. The Mujer Cambia Tu Vida programme continued to develop in the first half of 2021, benefiting 103 participants, of which 99 were women, and training is planned for indigenous women’s groups in the Ngäbe Buglé and Emberá Waunaan indigenous areas. The Government also provides information on the activities of the Ministry of Education (MEDUCA) aimed at reducing school drop-out rates and the percentage of pregnant teenagers, including the sexual and reproductive health programme for the prevention of teenage pregnancy. The Government’s report also includes statistical information indicating that in 2019 there were 40 cases of pregnant students and a drop-out rate of 1.0, while in 2018 there were 33 pregnant students and a drop-out rate of 0.9. In its observations, CONUSI indicates that high illiteracy and school drop-out rates persist among the indigenous population (the literacy rate for indigenous women is 75.4 per cent and for non-indigenous women it is 98.5 per cent). It also notes that 18.5 per cent of pregnant teenagers were registered in the indigenous area (319 in the Guna Yala indigenous area and 1,476 in Ngäbe Buglé), and that three quarters of pregnant teenagers drop out of school, which evidences the lack of relevant safeguards and monitoring by the institutions. CONUSI emphasizes that the Government’s reports on this matter fail to assess the impact that the measures taken have had on addressing the problem. In its response, the Government refers to other curricular and extracurricular strategies for the reinforcement of vocational guidance and training through the strategic agreements and alliances of the MEDUCA. The Committee welcomes the information provided by the Government and requests it to continue providing information on the training activities specifically targeting women from vulnerable groups (rural and indigenous women) to reduce the illiteracy rate and promote their access to better job opportunities, as well as on the specific impact of such measures (evolution of literacy rates among the groups concerned, rates of effective access to employment after training, etc.). The Committee also requests the Government to provide updated data on the school drop-out rate of pregnant teenagers, the measures taken to reduce this rate and their actual impact.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the information provided by the Government, in reply to its request regarding measures taken to promote equality of opportunity and treatment in employment and occupation of Afro-Panamanian workers, on the activities of the SENADAP, the work plan of which includes: (1) updating the National Plan for the Development of Afro-Panamanians 2007, to present it in final form as the Overall Plan for the Development of Afro-Panamanians – Vision 2022–2030; (2) development of the project “Working towards a public and state policy to include the history and contributions of Afro-descendent peoples in educational curricula”; (3) development of the Ruta de Tambores (“drum route”) programme, an outreach programme in the communities to gain their inputs into public policy; and (4) awareness- and profile-raising initiatives highlighting the contributions of Afro-Panamanians to national life. The Committee also takes note of the Government’s explanations regarding the efforts expended by the SENADAP to work together with the Mesa Técnica Censal Afro Panamá (METACENSO) (an Afro-Panamanian survey body), and the National Statistics and Census Institute (INEC), with a view to incorporating an Afro-ethnic question in the labour market survey scheduled for 2021 and in the population and housing census planned for 2022. CONUSI, in its observations, indicates that Afro-descendent women encounter greater difficulty in entering the labour market, with high indices of poverty, illiteracy, and precarious forms of work. CONUSI also emphasizes that discriminatory and stereotypical attitudes based on race, colour and national extraction of workers are recurrent. While noting the information provided on the existence of pertinent plans and programmes, the Committee requests the Government to provide detailed information on the concrete measures adopted under these initiatives, and to clarify which of the activities are specifically aimed at supporting Afro-Panamanian women workers. The Committee also requests the Government to provide statistical information, disaggregated by sex, sectors and occupations, regarding access of Afro-Panamanian and indigenous workers.

Policy on equality in relation to workers with disabilities. In response to the Committee’s request for information on the impact of the measures to promote access to education and occupational training, reduce the illiteracy rate, and promote better access to employment opportunities, the Government indicates that the relevant institutions work within the framework of the National Advisory Council on Disability (CONADIS), which coordinates with other institutions such as the Ministry of Education and INADEH. Since 2017, action has been under way to promote the integration of persons with disabilities in employment, and the following results have been obtained: 1,679 men and 1,397 women have taken part in guidance seminars and activities; 634 men and 473 women have attended awareness-raising days; and 6,329 men and 3,515 women have taken part in activities to promote the employment of persons with disabilities. The Government also refers to various programmes, and in particular to: (1) the Programme to promote employment integration (PAIL) in which the Ministry of Labour and the participating enterprise each pay 50 per cent of the cost of the grant for participants, an amount equivalent to the minimum wage; and (2) the Orienta Panama (“guiding Panama”) programme, which focuses on vocational training for young persons with disabilities studying in public colleges. The Committee also notes the data provided on the related activities of the Department for the Socioeconomic Integration of Persons with Disabilities at national level, indicating that in 2020 the department received 106 vacancies registered at central headquarters (Panama City) and 74 vacancies in the regional directorates. A total of 50 men and 40 women were placed at central headquarters, and 24 men and 9 women were placed in the regional directorates. The Ministry of Education also lends support to the Panamanian Institute for Special Empowerment (IPHE) in awareness-raising programmes on sexual and workplace harassment. While noting the information provided on the programmes and measures adopted, the Committee observes that CONUSI points to a lack of data and indicators giving a true picture of the employment of persons with disabilities, which makes it impossible to design appropriate plans, programmes and policies. CONUSI also indicates that a significant number of enterprises do not comply with the obligation established by Act No. 15 of 31 May 2016 to include persons with disabilities as 2 per cent of their staff. In its response, the Government indicates that: (1) the INADEH has implemented 153 technical training actions for persons with disabilities, with the participation of 345 men and 225 women throughout the national territory; (2) during the period 2017–21, there have been 150 awareness-raising days on Act No. 15 of 2016, with a total participation of 1,529 persons, consisting of 821 men and 708 women from the public and private sectors; (3) the “Yo Si Cumplo” (“I’m in compliance”) label was implemented in recognition of good labour practices and the commitment of enterprises to the process of labour-market inclusion, with the label being awarded on 137 occasions; and (4) this process implies guidance and awareness-raising for enterprises through action by 74 labour inspectors at the national level, using revised and appropriate procedures for the enforcement of the labour-market inclusion of persons with disabilities. The Committee takes due note of all this information and requests the Government to provide information on the results achieved in follow-up to the training and awareness-raising activities on labour inclusion of persons with disabilities.

Policy on equality in relation to other grounds of discrimination. The Committee observes, with regard to its request for information on measures to promote equality of opportunities and treatment in employment and occupation in respect of all grounds of discrimination enumerated in the Convention, that the Government refers to its activities related to the promotion of gender equality. The Committee recalls that Article 1(1)(a) of the Convention enumerates seven protected criteria, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee observes that, apart from the information provided on activities related to discrimination on the grounds of sex, race, colour and national extraction, referred to in the corresponding parts of the present comment, the Government has provided no information on its efforts to address discrimination in employment and occupation on the grounds of religion, political opinion or social origin. The Committee reiterates its request to the Government to provide detailed information on the measures adopted in respect of these three grounds of discrimination, as well as information on the number of cases identified by the labour inspectorate or addressed by other competent bodies such as the law courts.

Recalling that in November 2016 Panama ratified the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee notes the information provided by the Government in its 2019 report on the measures taken to apply the Convention as supplemented by the Protocol. The Committee also 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 also notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 28 September 2019, and the Government’s reply to these observations, received on 27 November 2019. It notes that the CONUSI sent supplementary observations on 30 September 2020. The Committee further notes the Government’s response to these observations, received on 7 December 2020. Given that this response was received too late for examination by the Committee at its current meeting, the Committee proposes examining it in due course.

Articles 1(1) and 2(1) of the Convention and Article 1(1) of the Protocol. Effective measures to combat trafficking in persons.

1. Article 1(2) of the Protocol. Systematic and coordinated action. In its previous comments, the Committee recognized the action taken by the Government to combat trafficking in persons, in particular through the adoption of Act No. 79 of 2011 concerning trafficking in persons and related activities (Anti-Trafficking Act) and its implementing regulations (Executive Decree No. 303 of 2016). It noted in particular the establishment of a coordinated management system to combat trafficking, the setting up of the National Committee against Trafficking in Persons (CNCTDP) and the adoption of the first National Plan to combat trafficking in persons. The Committee asked the Government to continue these efforts and to provide information on the implementation of the National Plan and on measures taken to ensure better identification and protection of victims and suppression of this crime.

The Committee notes that the Government confirms in its report that it is continuing to make efforts to strengthen its anti-trafficking policy, especially as Panama is a country of origin, transit and destination for victims of trafficking for sexual exploitation and forced labour. In this regard, the Committee notes the adoption of the National Action Plan to combat trafficking in persons 2017–2022 (Executive Decree No. 125 of 17 April 2018). As was the case for the previous plan, the actions envisaged cover five strategic areas: prevention, awareness-raising and dissemination; assistance and protection for victims; action to stamp out the crime; international cooperation; and implementation, follow-up and monitoring. The five strategic areas include lines of action with goals to be achieved, management indicators and identification of the entities involved. The Committee also notes that the implementing regulations for the Anti-Trafficking Act provide for the production of an annual report by the CNCTDP secretariat on progress made on the implementation of the Plan.

The Committee notes that in its observations the CONUSI recognizes the initiatives and action taken by the Government to combat trafficking, but considers that the Government has not provided specific information on the results achieved.

The Committee requests the Government to continue providing information on the action taken by the National Committee against Trafficking in Persons to ensure systematic and coordinated action by all entities involved in the implementation of the National Action Plan to combat trafficking in persons 2017–2022. The Committee also requests the Government to provide information on the results achieved in the context of the Plan, on evaluation reports drawn up by the National Committee and on measures taken or envisaged to overcome any obstacles identified with regard to the adoption of a new plan. Lastly, the Committee requests the Government to indicate the manner in which employers’ and workers’ organizations are consulted regarding the implementation of the plan, its evaluation and the preparation of a new plan.

2. Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising and data. The Committee notes the detailed information provided by the Government on the many awareness-raising campaigns undertaken and on institutional capacity-building training courses. The Government also indicates that, for statistical purposes, the forum on trafficking in persons has proposed the setting up of a system to enable better coordination of the actors involved in the prevention and suppression of trafficking in persons in order to reinforce the methodology used in procedures for recording, gathering and processing statistical data in this field. The Committee observes that under the heading of coordination and exchange of statistical information among the authorities concerned, the National Plan provides for the setting up of an integrated system of statistics on trafficking in persons. The National Plan also provides for the “mapping” of victims and their profiles and of trafficking routes and their modus operandi. In view of the importance of having reliable data on the characteristics and extent of trafficking in order to ensure the best formulation of policies, the Committee hopes that the Government will be able to provide information on the setting up of an integrated system of statistics on trafficking in persons and “mapping” of victims and, if applicable, to forward the data collected.

Clause (c). Reinforcement of inspection services. The Committee notes that the National Plan provides for the implementation of joint inspections, involving officials from the Ministry of Labour, the National Migration Service and security services, in order to detect situations of trafficking for labour exploitation. The Committee requests the Government to provide further information on the measures taken to strengthen the capacities of the inspection services for the prevention and detection of cases of trafficking in persons for labour exploitation, and also on joint labour inspections conducted for this purpose, as provided for in the National Plan.

Clause (d). Protection of migrant workers during the recruitment process. The Committee notes that the CONUSI refers in its observations to the situation of many migrant workers whose migration status is not regularized and who do not have a work permit. They are not covered by the guarantees contained in the labour legislation and many are trapped in situations amounting to forced labour in prostitution and in the informal or formal economy. The CONUSI also indicates that no data are available on penalties imposed on those who employ workers who do not have work permits. The Committee requests the Government to provide information on the measures taken to monitor the recruitment process and conditions of employment of migrant workers in order to protect them from these abuses and from situations amounting to forced labour.

Clause (e). Support for due diligence by enterprises. The Committee observes that the National Plan provides, under the strategic component of prevention, for the creation of a strategic alliance with employers and industry so that these can engage in preventing and combating trafficking in persons for labour exploitation. The Committee requests the Government to provide information on the implementation of this alliance and in particular on agreements signed with private employers and industry on activities undertaken, as provided for in the National Plan.

3. Article 3 of the Protocol. Identification and protection of victims. The Committee notes the setting up in 2017 of the Victim Assistance and Identification Unit (UIA), whose functions include determining the status of trafficking victims in cases reported to it and carrying out emergency interventions to ensure protection and assistance for victims. In 2018, it registered 54 potential victims of trafficking, of whom 17 were confirmed (definitive identification). Between August 2019 and September 2020, 55 victims were received and assistance provided to 46 of them. The victims originated largely from Colombia and Venezuela. Moreover, the Government indicates that in January 2019 the Action Protocol for the detection, identification, assistance and protection of trafficking victims was adopted. This is a technical tool which establishes guidelines for promoting coordination of the different institutions involved in victim identification and assistance. With regard to victim protection measures, the Government indicates that these involve three phases (the recovery phase covering the first 90 days, the immediate intervention plan, and the integration phase) and that a technical evaluation team, composed of social workers and psychologists, was established in January 2019 to identify the measures to be adopted during these phases. Furthermore, a new plot of land is due to be allocated in the near future for the construction of the first temporary reception centre for trafficking victims, as provided for in the National Plan. Lastly, the Committee notes that Decree No. 7 of 8 January 2019 and Decree No. 21 of 28 May 2019 enable persons identified as victims to benefit from a humanitarian temporary protection permit which is valid for one year and can be extended for up to six years. This permit qualifies them for a temporary work permit (in November 2019, nine individuals received a humanitarian temporary permit). The Committee requests the Government to continue providing detailed information on the number and characteristics of persons identified as trafficking victims, for either sexual or labour exploitation, and also on the nature of the protection granted to them (medical and psychological assistance, legal assistance, granting of a residence and work permit, rehabilitation programmes, etc.). The Committee also requests the Government to indicate the measures taken with a view to the construction of the temporary reception centre for trafficking victims.

4. Article 4 of the Protocol. Access to remedies and compensation. The Committee recalls that the 2011 Act, in addition to providing for free legal assistance and legal representation, stipulates that courts that issue convictions for trafficking offences must also order compensation for victims (sections 38 ff.). The return of victims to their countries of origin or their absence during legal proceedings will not affect their right to receive compensation. The CNCTDP, which is responsible for providing this legal assistance, must establish an assistance fund for trafficking victims and must set aside 25 per cent of its budget for this purpose. The Government explains that, in view of the vulnerable situation of trafficking victims, the latter benefit from the public advocate service. It is for the victims to decide, on the basis of the information provided by this service, whether or not to appear as plaintiffs in court proceedings. In fact, all trafficking victims have benefited from the victim advocacy services of the judiciary. As regards the victim assistance fund, the Government states that the fund administration unit has conducted an examination of court decisions that have ordered the confiscation and seizure of assets deriving from trafficking crimes in order to provide resources for the fund. Finally, the Committee notes the Government’s indication that, for the first time, a court in September 2020, when handing down a conviction for the crime of trafficking in persons for labour exploitation, ordered the compensation of the victim for the damages suffered.

The Committee requests the Government to continue providing information on cases in which courts have ordered compensation for victims and on measures adopted to enforce these penalties. The Committee also requests the Government to indicate the measures taken to encourage victims to assert their rights, including the right to compensation, and to file complaints against the perpetrators under the criminal prosecution system. The Committee further asks the Government to indicate how victims who do not file complaints or who return to their countries receive compensation.

5. Article 25 of the Convention and Article 1(1) of the Protocol. Penalties. In reply to the Committee’s previous comments on the functioning of the system to prosecute crimes of trafficking in persons, the Government indicates that between 2014 and 2018 over 250 victims were released, 22 networks were dismantled, 75 individuals underwent court proceedings and 18 were convicted. In 2018, of the eight court decisions handed down, all were concerned with cases of trafficking in persons for sexual exploitation. In 2019, of the ten court rulings, eight included convictions and one of them issued the most severe sentence ever imposed, namely 25 years imprisonment. The Government adds that at the end of 2019 the judicial authorities prepared the Protocol on judicial action in relation to trafficking in persons. The Protocol sets out the procedures and phases through which all officials in the justice system can implement the procedures effectively for the investigation of this crime. The Committee requests the Government to continue carrying out awareness-raising and training activities for prosecution entities and other competent bodies to ensure the detection and suppression of trafficking practices for both sexual and labour exploitation. The Committee also requests the Government to continue providing information on court proceedings initiated in trafficking cases, on court decisions handed down and the penalties imposed and also on procedures for confiscating and seizing the assets of perpetrators.

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 and the social partners this year (see Articles 3(1) and (2), 13, 6, 7 and 15(a) below), as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 28 September 2019 and the Government’s reply thereto, received on 27 November 2019. The Committee also notes the observations of CONUSI received on 30 September 2020. The Committee further notes the response of the Government to these observations, received on 7 December 2020. Given that this response was received too late for examination by the Committee at its current meeting, the Committee proposes to examine it in due time.

Measures adopted in the context of the COVID-19 pandemic. The Committee welcomes the efforts made by the Government to provide information on the measures it has taken during the COVID-19 pandemic. The Committee notes in particular Decision No. DM-137-2020 of 16 March 2020, reached by tripartite consensus, adopting the Protocol to preserve health and hygiene in the working environment for prevention of COVID-19 and also providing for the setting up of special health and hygiene committees in enterprises. The Committee also notes the information provided by the Government regarding the work dynamic of the National Directorate of Labour Inspection in the context of the pandemic, in particular regarding inspections carried out to verify compliance with standards for the prevention of COVID-19 in cooperation with the Ministry of Health. The Committee also notes the protection measures implemented in the context of the work of the inspection services, in both offices and vehicles used for inspections.

Article 3(1) and (2) of the Convention. Additional duties of labour inspectors. In its previous comments, the Committee requested the Government to describe how it is ensured that employers comply with their obligations relating to work carried out by migrant workers without a work permit issued by the Ministry of Labour and Employment Development (MITRADEL), particularly where such migrant workers are liable to be deported from the country. The Committee notes that the Government reiterates in its report that it is required by law to guarantee the rights arising from the employment relationship of all workers without any distinction, and that the provisions of laws on individual labour rights are explained to both the employer and to migrant workers during inspections. The Government also indicates that, in cases of work performed by migrant workers without a work permit, the Supreme Court of Justice has ruled that the fact that an employment relationship is illegal because the migrant worker does not have a work permit as required by labour law does not impair the worker’s right to receive basic employment benefits for services performed up to then (wages, paid leaves and the 13th month), but that the same does not apply to seniority bonuses and compensation. The Committee also notes the information contained in the reports of the Labour Inspection Directorate for the 2019–20 period on the number of inspections in the area of labour migration, the number of migrant workers detected without a permit, the number of applications for penalties relating to migration, and also decisions imposing penalties. The Government indicates that it does not have specific statistics on the number of cases in which the labour rights of migrant persons have been recognized.

The Committee notes the observations of CONUSI that the labour rights of many migrant workers are not respected despite the fact that they represent a significant section of the active population. CONUSI refers in particular to the fact that these workers are employed under less favourable conditions than those for Panamanian workers, they are dismissed without valid reason and are prevented from having recourse to the labour authorities to assert their rights. CONUSI also points out that the Labour Inspection Directorate does not have a work plan relating to informal employment and highlights the need to reinforce the hiring of staff with special training and with knowledge of the relevant agreements and national regulations. The Committee notes the Government’s indication, in its reply to CONUSI’s observations, that with the advent of the new administration migration-related operations have been intensified with a view to ensuring that labour standards are observed and that every employer who hires foreign workers does so within the legal framework observing the rights of migrant workers.

The Committee recalls that, in accordance with Article 3(1) and (2) of Convention No. 81, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this regard, it recalls that the Committee indicates in paragraph 452 of its 2017 General Survey, Instruments concerning occupational safety and health, that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take measures to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of the Convention. It also requests the Government to indicate the manner in which labour inspectors discharge their primary duties of ensuring the enforcement of employers’ obligations in relation to any statutory right that workers in an irregular situation may have for the period of their effective employment relationship. In this respect, it requests the Government to strengthen its efforts to collect and make available data on the enforcement of the labour rights of migrant workers, and to provide this information, once available.

Articles 3(1)(a) and (b), and 13. Labour inspection in specific sectors and areas and in the field of safety and health. 1. Construction sector. With reference to its previous comments on safety and health conditions in the construction sector, particularly by means of monitoring and the provision of technical information and advice by inspectors, the Committee notes the adoption of Act No. 67 of 30 October 2015, which establishes measures in the construction industry to reduce the incidence of occupational accidents. The Government indicates that labour inspectors and safety officials are inspecting construction projects and other work sites to ensure that workers comply with the provisions of Act No. 67. The Government also indicates that it has provided day courses for employers in the construction sector, conducted training on safety topics for labour inspectors and safety officials, and held awareness-raising days within the industry. Lastly, the Committee notes the information in the annual reports of the Government on the number of inspections carried out in the construction sector, and on the number of times that work has been stopped in this sector.

The Committee notes the observations of CONUSI that there are no data on penalties imposed on enterprises for failing to observe safety, health and hygiene measures, especially in construction work, where a large number of accidents are the result of non-compliance with safety measures and a significant percentage of them have resulted in the death of workers. CONUSI also points out that the statistics presented by the Government do not indicate the number of work projects that have been subject to stoppages for these reasons. CONUSI further alleges non-compliance with requirements that construction projects of a certain size must have a duly approved safety plan and a designated safety official with the aim of preventing accidents at work, as indicated by reports of the Single National Union of Construction Industry and Allied Workers (SUNTRACS). The Committee notes that the Government, in its reply to the observations of CONUSI, indicates the number of penalties sought for non-compliance with safety, health and hygiene measures (339 in 2017, 244 in 2018 and 60 in 2019), the number of work suspensions at national level (116 in 2017, 105 in 2018 and 63 in 2019), and also the number of approvals of safety plans (196 in 2017, 225 in 2018 and 122 in 2019). Moreover, the Government indicates in its reply that there are 394 active construction projects at the national level which have paid into the safety fund, through which 145 safety officials are given responsibility for safety, health and hygiene. The Committee requests the Government to continue providing information on any measures adopted to strengthen safety and health conditions in the construction sector. In this regard, it requests the Government to continue providing specific information on the number of labour inspections carried out in the construction sector, the number of violations detected and penalties imposed, and the results of those inspections (including the number of total or partial suspensions of construction work).

2. Work in mining and other sectors with a high incidence of occupational risk. In its previous comments, the Committee requested the Government to provide information on the impact of the creation of the Special Regional Directorate of MITRADEL on compliance with employers’ obligations, and particularly on the safety and health of miners in areas where work is being carried out for the Cobre Panama mining project. The Committee notes the Government’s indication that 116 inspections relating to labour, labour migration and safety (44 scheduled, 16 following complaints and 54 follow-up inspections) were conducted in 2016 in that area. The Government also indicates that safety officials are present on the project from Monday to Sunday to ensure the enforcement of safety standards. The Committee also notes the Government’s indication that, in 2016, safety officials issued 254 safety notices to the various enterprises involved with the project, of which 98 per cent were addressed and corrected. Lastly, the Committee notes the information provided by the Government on the strategies implemented to ensure safety and health.

The Committee notes the allegations of CONUSI regarding the existence of forced labour involving migrant workers and also the lack of information and statistics from the Labour Inspection Directorate regarding this situation. The Committee notes the Government’s indication, in its reply to CONUSI’s observations, that nine safety officials carry out daily visits to the Cobre Panama mining project in order to supervise construction work and check compliance with safety standards. The Government indicates that in 2019 three inspections relating to labour migration were carried out in the area of the aforementioned project, resulting in three applications for fines and three convictions, with fines imposed on three enterprises. The Committee requests the Government to continue providing statistical information on the labour inspection services in relation to the safety and health of miners in areas where work is being carried out for the Cobre Panama mining project (including the number of violations identified and the penalties imposed and of occupational accidents and diseases). The Committee also requests the Government to continue providing information on the measures adopted to strengthen safety and health in sectors with a high incidence of occupational hazards. Lastly, with regard to the allegations of CONUSI on the situation of foreign workers subjected to conditions of forced labour, the Committee refers to its comments made on the application of the Forced Labour Convention, 1930 (No. 29).

3. Panama Canal Zone. The Committee notes the observations of CONUSI that the Panama Canal Authority does not recognize being under the supervision of the Inspection Directorate of the Ministry of Labour. The Committee requests the Government to provide information in this regard, and also on labour inspection activities in the Panama Canal Zone, including information on the relationship between the inspectorate in this zone and the central inspection authority, the number of inspectors assigned to this zone, the number of inspections carried out and the number of violations detected.

Articles 6, 7 and 15(a). Recruitment and training of labour inspectors and independence and impartiality of inspectors. With reference to its previous comments, the Committee notes the adoption of Act No. 23 of 12 May 2017 amending Act No. 9 of 1994, which establishes and regulates the regime of administrative careers. The Committee also notes the Government’s indication in its report that, as from 2 July 2018, all permanent appointments of new public servants, including labour inspectors, will be made through a public call for applications (competition), in accordance with the requirements of the occupational classification manual of the Ministry of Labour and Labour Development (which include one year of work experience in basic labour inspection, a secondary school diploma, specialized courses or seminars on the subject and knowledge of the Labour Code and other laws). It also notes the Government’s indication that the recruitment of labour inspectors is conducted according to the procedure established for entrance competitions, which includes among its requirements the completion of a psychological and employment-related test and a personal interview to evaluate professional skills and capacities for the post. The Committee also notes the increase in the monthly salary from 600 to 800 Panamanian balboas (PAB) (approximately US$600–800) and the information concerning the training provided to inspection staff. Lastly, the Government indicates that it is making arrangements to implement a pilot plan for the polyvalent training of inspectors, and is considering adjusting the hours of work (Monday to Friday from 8 a.m. to 4 p.m.), including the granting of compensatory time off.

The Committee notes the observations of CONUSI received in 2019, according to which the Inspection Directorate requires strengthening of its internal inspection mechanism, since there are many complaints of bribery of inspectors. CONUSI also alleges, in its observations received in 2020, that a significant number of inspectors have been dismissed without justification or their contracts were not renewed or, in a very small number of cases, their contracts were renewed for just one year, which does not meet the requisite criteria of independence and stability. The Committee notes the Government’s indication that the dismissals at the Inspection Directorate are the result of investigations into ethical and moral misconduct. The Government also indicates that a process to improve the inspection system at the national level is under way, involving the training of inspectors and safety officials. In this regard, the Committee notes the supplementary information provided by the Government on training given to labour inspectors and safety officials. The Committee requests the Government to provide information on the planned adjustments to labour inspectors’ hours of work. It also requests the Government to continue its efforts to ensure that labour inspectors receive adequate training for the discharge of their duties, and to provide information on the implementation of the pilot plan for the polyvalent training of inspectors, indicating the duration of the training courses for labour inspectors, the number of participants and the subjects covered. It also requests the Government to indicate the salary scale of labour inspectors in relation to those of other comparable categories of public officials, and to provide statistics on the turnover of inspectors. The Committee further requests the Government to indicate the percentage of active labour inspectors with permanent appointments and to provide detailed information on the procedure established for the entrance competition and the procedure for the dismissal of labour inspectors. Lastly, the Committee requests the Government to provide information on the measures taken to ensure that labour inspectors have no conflict of interest, whether direct or indirect, in the undertakings under their supervision, in accordance with Article 15(a).

Article 11(1)(b) and (2). Transport facilities available to the labour inspectors and reimbursement of unforeseen and necessary transport costs. With reference to its previous comments, the Committee notes the Government’s indication that the Inspection Directorate has a petty cash fund to cover daily transport costs for inspections located in areas where buses or taxis are available, and to pay daily expenses for inspections conducted at night. It also notes that labour inspectors have at their disposal for the discharge of their duties ten vehicles at headquarters and 14 vehicles shared among the 13 regional branches. The Committee requests the Government to continue providing information on any measures envisaged or adopted to strengthen the transport facilities available to inspectors, particularly in regions where public transport facilities are scarce.

Articles 14 and 21(f) and (g). Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication that there have been no developments in this regard, but that it reiterates its commitment to continue coordination with the relevant bodies. The Committee notes the information provided by the Government on the number of benefits paid for occupational disease (201 in 2013, 104 in 2014 and 104 in 2015 – preliminary figures). The Committee requests the Government to take the necessary legal and practical measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease, in accordance with Article 14 of the Convention, and that such information is included in the annual inspection reports. It requests the Government to provide information on any developments in this regard.

Articles 20 and 21. Annual inspection report. With reference to its previous comments, the Committee notes the reports of the Labour Inspection Directorate provided by the Government. However, the Committee notes that these reports do not contain statistical information on the workplaces liable to inspection and the number of workers employed therein, nor the violations reported. It also notes that the Government’s report includes statistics on occupational diseases. The Committee also notes that MITRADEL commissioned a comprehensive technical assessment in 2016 with a view to developing a diagnostic of labour inspection in the country. The Government indicates that the aim of this diagnostic is to improve the functions and services provided by the Labour Inspectorate of the Labour Inspection Directorate and to develop a platform that enables it to strengthen its organizational and operational structures. In this regard, the Committee also notes the Government’s indication that, since 2018, MITRADEL has been implementing the Unified Labour Inspection System within the Labour Inspection Directorate, a new technological platform that will systematize the entire inspection process by consolidating the information and data collected during the inspections carried out by the service. The Committee requests the Government to provide additional information on the results of this diagnostic, including the measures adopted to implement its recommendations. The Committee also requests the Government to provide information on any progress made with regard to the implementation of the Unified Labour Inspection System. Lastly, the Committee requests the Government to make every effort to ensure that the annual inspection reports are published and transmitted to the ILO in accordance with Articles 20(3) and 21 of the Convention.

Article 1(a) and (d) of the Convention. Compulsory labour for persons sentenced to imprisonment for expressing political views or participating in a strike. In its previous comments, the Committee observed that even though the 2007 Penal Code and the 2008 Code of Penal Procedure do not contain provisions on compulsory labour of detainees, section 70 of the Act regulating the prison system (Act No. 55/2003) states that participation in labour is an obligation for convicted prisoners. In this regard, the Committee recalled that it is prohibited under the Convention to impose a sentence entailing compulsory labour, particularly compulsory prison labour, on persons who participate peacefully in a strike, express political views or oppose the established political, social or economic system. Noting that certain national legislation provides for imprisonment for activities which could fall under the scope of application of the Convention (slander, defamation, participation in a seditious strike), the Committee hoped that the Government would take the necessary steps to amend section 70 of Act No. 55/2003 in order to establish the voluntary nature of work performed by persons sentenced to imprisonment.

In its report, the Government indicates that Act No. 55/2003 regulating the prison system was amended by Act No. 42 of 14 September 2016, governing prison careers and setting forth other provisions. The Committee notes with interest that under section 133 of the 2016 Act, the provisions of section 70(8) of Act No. 55/2003 have been amended, henceforth providing that “persons deprived of liberty are obliged to participate in educational, recreational, cultural and therapeutic activities related to health, and can voluntarily participate in occupational activities.” The Committee also duly notes the Government’s indication that the legal department of the Directorate-General for the Prison System under the Ministry of the Interior indicated in circular No. 610-DGSP-DAL of 8 July 2019 that persons deprived of their liberty are not obliged to participate in activities related to work, since such activities are of a voluntary nature.

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

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

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

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

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

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

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

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

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

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.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to explain the reasons why the General Regulations of 2007 on affiliation and registration establish a required time period of one month (in the case of seasonal or casual agricultural workers) or three months (in the case of coffee workers) for affiliation to the Social Insurance Fund to become compulsory. The Committee observes that the Executive Board of the Social Insurance Fund has approved Resolution No. 52805-2018-J.D. of 29 August 2018 adopting the new General Regulations on affiliation and registration with respect to the Social Insurance Fund, section 75 of which establishes the obligation for agricultural employers to affiliate or register their seasonal workers for the purposes of occupational risks as soon as or before they begin work. The Committee notes with interest that section 75 also repeals the provision providing that seasonal coffee workers, engaged exclusively in the coffee harvest, must be affiliated to the Social Insurance Fund when they work for at least three months, even if the work is not continuous, in the same calendar year.

Article 5 of the Convention, in conjunction with Article 2(1). Payment of compensation in the form of periodical payments without limit of time. In its previous comments, the Committee referred to the need to amend the provisions of sections 306 and 311 of the Labour Code in order to provide for the payment of compensation in the form of periodical payments without limit of time, in the event of an occupational accident resulting in permanent incapacity or death, to workers who are not covered by the compulsory social security scheme and are governed by the provisions of the Labour Code, but are covered by the Convention or their dependants. The Committee notes the Government’s indication in its report that, with a view to bringing the legislation into line with the Convention, the actuarial department conducted a study entitled “Actuarial financial analysis of the occupational risk programme”, but a national consensus had not been reached regarding a reform of compensation for occupational accidents. The Committee recalls that the Convention requires, save for the exceptions it establishes, legislation on compensation for occupational accidents that provides for conditions at least equal to those provided by the Convention and, under Article 2(1) shall apply to workmen, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. The Committee notes the measures taken and, recalling the possibility of seeking technical assistance from the Office, requests the Government to indicate the measures envisaged to bring sections 306 and 311 of the Labour Code into line with the relevant provisions of the social security legislation on compensation for occupational injury in order to guarantee the protection afforded by the Convention for all workers to which it applies.

Article 7. Provision of additional compensation to workers suffering employment injury when their condition requires the constant help of another person. For a number of years the Committee has noted that neither the Labour Code nor the social security legislation concerning compensation for employment injury (Decree No. 68 of 31 March 1970) provides for the granting of additional compensation to injured workers whose condition requires the constant help of another person. The Committee notes the Government’s indication that it is establishing a national forum for dialogue with a view to addressing the problems that could arise in the Social Security Fund (CSS) programme relating to invalidity, old age and death. While taking due note of this information, the Committee trusts that, whether through the forum for dialogue mentioned by the Government or the Commission for bringing national legislation into line with the ILO Conventions, the necessary measures will be adopted in order to comply with Article 7 of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group, the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, (see GB.328/LILS/2/1). Conventions Nos 102 and 121 reflect a more modern approach to compensation in the event of employment injuries and occupational diseases. The Committee therefore encourages the Government to give effect to the Governing Body’s decision adopted at its 328th Session (November 2016) to approve the recommendations of the SRM tripartite working group and to consider ratifying Conventions Nos 102 (Part IV) and 121, as most up-to-date instruments in this subject area.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 12(1) of the Convention. Regular payment of wages. In its previous comments, the Committee noted the Government’s commitment to the payment of the arrears of the 13th month’s wages for public employees and its proposal to proceed to their payment in stages as from 2013, and it requested the Government to provide information on any progress achieved in this respect. The Committee notes with interest that, as indicated by the Government in its report, payment was made of wage arrears to thousands of public servants for the years 1989, 1990 and 1991 through the mechanism established by Act No. 40 of 11 June 2013.

Articles 1 and 2 of the Convention. Wage gap and occupational segregation. In its previous comments the Committee requested the Government to provide information on specific measures for the training and vocational training of women in all occupational sectors, including those traditionally occupied by men, with a view to broadening employment opportunities for women and enhancing their prospects for advancement and promotion in their respective occupations. The Committee also requested the Government to provide information on any other measure taken to reduce the wage gap and attenuate its impact in practice. In this regard, the Government indicates in its report that: (1) since 2014, the National Women’s Institute (INAMU) has conducted studies to identify the progress made by women and the opportunities, constraints and challenges that they face in Panama; (2) the INAMU Network of Government Mechanisms, composed of the Gender Office of the National Vocational Training Institute, the National Vocational Training and Skills Institute for Human Development (INADEH) and the National Vocational Training and Skills Directorate (DFPC) at INADEH, is coordinating the development of educational programmes and curricula with an intercultural focus on gender; (3) INADEH delivers training courses in a number of disciplines in which the majority of participants are women. In 2014, 57.29 per cent of graduates were women; in 2015, 63.07 per cent and in 2016, 67.6 per cent were women; (4) in training courses traditionally taken by men, women remain a minority. In 2016, for example, in courses on construction, 80 per cent of graduates were men and 20 per cent were women; in metal engineering, 95 per cent were men and 5 per cent were women; in heavy equipment, 95 per cent were men and 5 per cent were women; and (5) through the Prevention of Violence against Women project, INAMU offered training courses and allocated seed capital to women for entrepreneurial projects, alternatives for economic integration and for the creation of innovative enterprises, the purchase of assets and working capital. With regard to the reduction of the existing wage gap in practice, the Government indicates that the Plan of Action for Equal Opportunities for Women (2016–2019), which resulted from broad participatory consultation among actors representing different sectors of the women’s movement and representatives of public and private entities, was approved. The Government refers to its Strategic Plan (2015–19), which prioritizes areas in which investment and public actions have the greatest impact on social and human development, creating access to quality services such as education, health, housing and employment for women. The Committee notes the publication by the National Institute of Statistics and Census of the Labour Market Survey of August 2018, which indicates that the median monthly wage of women in relation to men is higher in certain sectors traditionally considered “male”, including: manufacturing industry (2.44 per cent); electricity, gas, steam and air conditioning supply (10.52 per cent); and construction (16.69 per cent). On the other hand, the median wage of women is lower in relation to men in activities traditionally considered “female”, such as: social and health-related services (39.59 per cent); administrative activities and support services (8.93 per cent); and hotels and restaurants (11.46 per cent). The Committee notes the progress achieved with regard to women’s access to jobs traditionally reserved for men. Nevertheless, noting the persistence of the wage gap between men and women, the Committee requests the Government to provide information on the impact of the measures taken on the evolution of the existing wage gap by economic activity, occupation and year, in both the public and the private sector. The Committee also requests the Government to continue to provide information on concrete measures relating to the training and vocational training of women in all occupational sectors, including those traditionally occupied by men, to broaden employment opportunities for women and enhance their prospects for advancement and promotion in their respective professions.

Other measures taken by the Government to secure equal remuneration. In its previous comments, the Committee requested the Government to send specific information on the manner in which the implementation of the Public Policy on Equal Opportunities for Women (PPIOM) and the use of the “gender equality seal” contribute effectively to the application in practice of the principle of equal remuneration for men and women for work of equal value and to the progressive reduction of the wage gap and occupational segregation. In this regard, the Government indicates that: (1) the Plan of Action for Equal Opportunities for Women (2016–19) was developed; and (2) through the Network of Government Mechanisms for the promotion of equal opportunities, ten lines of strategic action are being implemented (human rights and legal equity for women, health, tackling violence against women, education, culture and communication, diversity, economy, work and family, science, technology and innovation, civic and political participation, environment, housing and territory, institutions and gender-sensitive budgets) to promote equality for women in the areas of employment, occupation and remuneration, with the participation of 42 institutions with a national presence. The Committee requests the Government to send detailed information on the manner in which the implementation of the Plan of Action for Equal Opportunities for Women 2016–19 has contributed effectively to the progressive reduction of the wage gap and of occupational segregation between men and women.

Article 2. Minimum wage. In its previous comments, the Committee asked the Government to send information on the criteria used to ensure that in determining minimum wage rates, full effect is given to the principle of equal remuneration for men and women for “work of equal value”. In this respect, the Government indicates that the minimum wage is fixed by executive decree, with the amount determined by economic activity and the region in which the employment is located, irrespective of gender or the enterprise in which the work is performed. Furthermore, a national minimum wage was established for certain economic activities that do not meet the above-mentioned criteria, such as agriculture, mining or administrative office activities. The Government also mentioned that work on improving the criteria used to ensure that minimum wage rates are fixed in full application of the principle of equal pay for men and women for “work of equal value” is being carried out jointly under a cooperation agreement with the ILO Regional Office. In this regard, the Committee recalls that special attention is needed in order to ensure that the wage rates that are fixed are free from gender bias and in particular that certain skills considered to be “female” are not undervalued, particularly in sectors where women are predominant (see the 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee requests the Government to provide information on the way in which it ensures that minimum wage fixing mechanisms are not affected by gender bias; and on the result of the assistance provided by the Office.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. In its previous comments, the Committee requested the Government to continue to send specific information on any collective agreements that address the question of equal remuneration for men and women and to indicate the measures taken, including by the Gender and Equal Opportunities Office, to promote collective bargaining as a means of eliminating inequalities in remuneration and to report on the impact of such measures on any collective agreements concluded. It also asked the Government to take steps to raise awareness and ensure training in workers’ and employers’ organizations on the application of the principle of equal remuneration for men and women for work of equal value. In this respect, the Government reports that collective agreements contain special clauses relating, for example, to equality between men and women, maternity protection or the protection of women in cases of violence at home and at work. Nevertheless, of the 173 agreements concluded between 2015 and August 2017, none referred to equal remuneration for men and women. With regard to the awareness-raising and training activities of workers’ and employers’ organizations as part of the application of the principle of the Convention, the Government indicates that: (i) the Ministry of Labour and Labour Development (Ministry of Labour) and its Gender and Equal Opportunities Office is working to achieve gender mainstreaming by systematically incorporating technical criteria to ensure gender equality in all actions, activities, programmes and projects, and by holding seminars to facilitate the participation of working women in trade unions; (ii) in 2017, at the request of the Women’s Secretariat of the Banana Industry Trade Union (SITRAIBANA), the Gender and Equal Opportunities Office provided training with a view to empowering women and increasing their occupation of senior trade union positions; (iii) the Ministry of Labour, through the Teaching Department of the Panamanian Institute of Labour Studies (IPEL), carried out different activities part of the content of which touched on the theme of equal remuneration; and (iv) during the period from 2014 to June 2017, 34 training sessions were held for members of trade unions and employers’ organizations and for Ministry of Labour officials. The Committee requests the Government to send detailed information on any collective agreement concluded that addresses the principle of equal remuneration for men and women for work of equal value. Furthermore, recalling that the examination of collective agreements from the point of view of equal remuneration for men and women for work of equal value can be a useful first step in addressing the gender wage gap through collective negotiation, the Committee encourages the Government to adopt any special measures necessary to promote the inclusion of clauses on the principle of the Convention in collective agreements.

Enforcement. Labour inspection. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that labour inspectors have suitable and regular training on the principle of the Convention to enable them effectively to perform their duty to monitor the application of the Convention at the national level, and to provide information in that regard. The Government reports that the 2017 Annual Operational Plan of the Inspection Directorate envisages the development of training courses needed for labour inspectors to obtain knowledge of different areas of law, economics and social sciences, as well as the industries. The Ministry of Labour offices responsible for labour inspection provide ongoing training to inspectors on various topics relevant to their work, including gender mainstreaming. Between 2014 and August 2017, a total of 51 courses for inspectors and 27 courses for technical and experienced staff of the Inspection Directorate were held. Furthermore, between 15 and 19 May 2017, as part of the Programme to Strengthen Labour Institutions (FOIL) in Panama under the auspices of the Spanish Agency for International Development Cooperation (AECID), the National Technical Assistance Awareness-Raising and Capacity-Building Workshop for Ministry of Labour technical teams was held, on national and international standards and the gender-sensitive management of programmes and projects. There were 22 participants in the workshop, including labour inspectors and Ministry of Labour officials. Noting that the information provided relates to the general training of labour inspectors, the Committee requests the Government to send information on the activities undertaken to ensure that labour inspectors have suitable and regular training on the principle of the Convention to enable them to perform effectively their duty to monitor the application of the Convention at the national level. Furthermore, the Committee requests the Government to provide information on labour inspection activities related to equal pay for men and women for work of equal value, indicating the number and type of violations reported or identified, as well as the penalties applied and the results thereof.

Articles 1(b) and 2 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee once again requested the Government to take the necessary steps to align its legislation with the principle of the Convention and, in particular, to amend section 10 of the Labour Code (which provides “for equal pay for work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”) so that it fully reflects the principle of equal remuneration for men and women for work of equal value, and to provide information on any developments in this regard. It also reminded the Government that the technical assistance of the Office was available. In this regard, the Government indicates in its report that article 67 of the National Constitution guarantees equal pay for work performed under identical conditions, which is also included in section 10 of the Labour Code, and states that section 145 of the Labour Code establishes an expeditious judicial procedure of redress in case of violation of the principle of equal minimum pay, or in case of unequal pay. The Government further notes that it requested assistance from the ILO in August 2017 in order to make progress with bringing its legislation into line with the principle of the Convention. The Committee trusts that the technical assistance requested in order to harmonize the legislation with the principle of the Convention will be provided without delay. The Committee requests the Government to provide information on any developments in this regard.

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

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 31 August 2018. The Committee requests the Government to provide its comments in this respect.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government regarding the execution of the Government Strategic Plan (PEG) 2015–2019, the objective of which is to strengthen the links between economic growth, the consolidation of democracy, environmental sustainability and equity and social cohesion. The Committee observes that the PEG includes among its action lines the component entitled “Good life for all”, which provides for the adoption of measures to guarantee decent and healthy housing; accessible and efficient public health care; quality bilingual education and continuing training for innovation; and care for the elderly, and particularly vulnerable population groups. The Government adds that, in the context of the PEG, the Economic and Social Strategy 2015–2019 is being implemented, the areas of action of which include economic development, social inclusion and quality of life, and the strengthening of human capacities. The Government adds that social inclusion and competitiveness are the Government’s two main areas of action, and that over 80 per cent of the public investment envisaged in the PEG 2015–2019 is aimed at improving the quality of life of the Panamanian people. The Committee also notes the adoption on 30 March 2017 of the National Strategic Plan with the “Panama 2030” State Vision due to the participation of the social partners, among other stakeholders. This plan aligns the Sustainable Development Goals (SDGs) of the United Nations with the PEG 2015–2019 and the priorities of the National Development Dialogue (CND). Its strategic priorities include “Good life for all”, which sets out actions and targets for eradicating poverty, reducing hunger, increasing and improving health care coverage, equity, efficiency and quality; and establishing inclusive, relevant, equitable and quality education to promote lifelong learning opportunities for all. The Committee also notes the detailed information provided by the Government on the implementation of the various programmes and projects to combat poverty and on their impact. The Government refers to, among others, the cash transfer programmes “Economic Assistance Programme for Persons of 65 Years of Age and Older”, which benefited 127,230 people in 2017; the “Guardian Angel Programme”, which granted economic assistance of 80 Panamanian balboas (PAB) a month to 18,497 beneficiaries in 2017; and the “Housing Solidarity Fund”, which benefited 26,658 low-income Panamanian nationals in 2017. The Committee also refers to its 2018 direct request on the application of the Employment Policy Convention, 1964 (No. 122), in which it noted the implementation of the Programme to Strengthen Social Cohesion (COHESAL) and the Opportunity Network Programme and their impact in terms of improving the living conditions of vulnerable groups through income generation and of reducing extreme poverty through the provision of incentives to households. The Committee notes the impact of these programmes on the reduction of poverty rates. In this regard, the Government indicates that, according to the Multi-purpose Household Survey of the National Statistics and Census Institute (INEC), between March 2016 and March 2017, the percentage of the population in extreme poverty decreased from 9.9 per cent to 9.8 per cent. Similarly, the percentage of people in general poverty fell from 22.1 per cent to 20.7 per cent. The Government indicates that without the assistance or transfers of State social programmes, extreme poverty would have been 4.3 per cent higher in 2016. The Government indicates that public assistance was the second source of income for 22.9 per cent of households in general poverty and for 35.9 per cent of households in extreme poverty. However, the Committee notes the indication by CONUSI that the same methodology was not applied to measure poverty over the different periods and that the measurement is not continuous, and that it cannot therefore confirm that poverty levels in the country have fallen. With reference to labour market trends, the Committee refers to its 2018 observation on Convention No. 122, in which it noted that, according to the INEC study, between August 2016 and August 2017, the number of people in employment aged over 15 years increased from 1,770,711 to 1,785,849, while the unemployment rate increased from 5.5 per cent to 6.1 per cent. Regarding the measures adopted to ensure the maintenance of a minimum standard of living for wage earners (Article 5), the Government indicates that, between August 2016 and August 2017, wages increased by 5.2 per cent, which represents an increase in purchasing power of over 4.3 per cent. However, CONUSI maintains that the level of the minimum wage is insufficient, considering the level of inflation, the depreciation in the purchasing power of wages and the value of the basic food basket. CONUSI states that, according to statistical information of the Ministry of the Economy and Finance, the consumer price index increased by 0.8 per cent in September 2018, which was not compensated for by sufficient wage adjustments. Lastly, the Committee notes the information provided by the Government regarding the implementation of various programmes in the areas of health, education and access to social security and housing. The Committee requests the Government to provide detailed information, including statistics disaggregated by sex, age and region, on the measures adopted under the Government Strategic Plan (PEG) 2015–2019 and the National Strategic Plan with the “Panama 2030” State Vision, and on the results achieved. The Committee also requests the Government to provide detailed and updated information on any measures intended to ensure the improvement of the standards of living of the population of Panama (Article 2), particularly with regard to vulnerable groups, such as women, young persons, persons with disabilities, older persons and small-scale producers who practice subsistence agriculture. The Committee also requests the Government to provide updated information on the impact of these plans on “such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education” (Article 5(2)), in both urban and rural areas.

Article 3(2)(d). Improvement of living conditions in rural areas. The Committee notes the information provided by the Government on the various measures adopted to improve living conditions in rural areas. The Government refers to, among other measures, the investment made by the Office of Rural Electrification in electrification projects between 2014 and 2019, with the aim of promoting and developing electrification in rural areas in an efficient, economic and sustainable manner. However, the Committee notes the indication by CONUSI in its observations emphasizing the negative impact of the low rate of formal employment in rural areas (14.5 per cent of active persons in August 2017) on the living conditions of the poor population in those areas. Regarding the living conditions of indigenous peoples, the Committee notes the Government’s indication that the highest proportion of people in multidimensional poverty is in indigenous areas. The Government indicates that, in 2017, the incidence of multidimensional poverty was 93.4 per cent in the Ngabe-Buglé area, 91.4 per cent in the Guna Yala area and 70.8 per cent in the Emberá area. The Committee notes that, in the context of the PEG, it is envisaged to expand health and education infrastructure in indigenous areas; develop a decent housing project in consultation with indigenous communities through the programme “Roofs of Hope”; and implement training programmes in indigenous areas to incentivize, among other activities, agricultural production. The Committee also notes the implementation of the project supporting the implementation of the National Plan for the Comprehensive Development of the Indigenous Peoples of Panama, which includes among its objectives the improvement of the living conditions of indigenous peoples through the implementation of specific programmes to increase the level of education, health, housing and infrastructure in the indigenous lands of Panama, in accordance with the development plans established in each traditional structure. The Committee requests the Government to continue providing detailed and updated information on any measures intended to ensure the improvement of the living conditions of the rural population, including indigenous communities (Article 2). The Committee also requests the Government to provide statistical information, disaggregated by sex, age and region, on the impact of these measures.

Part III. Migrant workers. The Committee notes the information provided by the Government on the migration regulation processes carried out between 2010 and 2018. It also notes the approval of Executive Decrees Nos 167 and 168 of 3 June 2016, which establish the General Migration Regularization Procedure and the Extraordinary Migration Regularization Procedure for nationals of the People’s Republic of China. The Government indicates that 34,956 work permits for foreign workers were processed between July 2017 and June 2018. The Committee requests the Government to continue providing detailed and updated information on the measures adopted to improve the living standards of migrant workers. It also requests the Government to provide updated statistical information, disaggregated by sex, on the number of migrant workers required to live away from their homes.

Part IV. Remuneration of workers. Advances on wages. Voluntary thrift. In reply to its previous comments, the Government refers to extracts from ten judgments of the Higher Labour Court of the First Judicial District relating to the application of section 161 of the Labour Code on the withholding of and deductions from wages, in accordance with Article 12 of the Convention. The Committee notes that the above-mentioned extracts are not included in the Government’s report and requests the Government to provide them to the Office. The Committee requests the Government to provide detailed and updated information on the measures adopted to encourage wage earners and independent producers to practice any of the voluntary forms of thrift set out in the Convention. It also requests the Government to indicate the measures adopted to protect them against usury, and in particular to specify the measures taken to reduce the interest rates on loans by controlling the operations of money lenders and improving facilities for borrowing money for appropriate purposes through co-operative credit organisations or through institutions which are under the control of the competent authority.

Part VI. Education and Training. The Committee refers to its 2018 direct request on the application of Convention No. 122, in which it noted the many measures adopted with the participation of the social partners and enterprises to adapt the supply of training to labour market demands. The Committee refers to its 2018 comments on the application of Convention No. 122, in which it requested the Government to continue providing detailed information on the impact of the measures taken to promote vocational education and training policies. The Committee also requests the Government to continue providing information on the coordination of education and vocational training policies and employment policies, and specifically on how the supply of training is coordinated with changes in the demand for knowledge and skills and with labour market needs.

Comments adopted by the CEACR: Panama

Adopted by the CEACR in 2021

C107 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C107 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1) and 2(1) of the Convention and Article 1(1) of the Protocol. Effective measures to combat trafficking in persons.

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C012 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C017 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Panama

Display the list by:

Adopted by the CEACR in 2021

C107 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C107 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1) and 2(1) of the Convention and Article 1(1) of the Protocol. Effective measures to combat trafficking in persons.

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C012 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C017 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)