Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Panama (Ratification: 1966)

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.