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

The Committee notes the Government’s report. It also notes the comments of the National Federation of Public Employees and Public Service Enterprises Workers (FENASEP) of 5 October 2009 and the Government’s reply thereto of 10 February 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a) and Article 7(1). Forced or compulsory recruitment of children for use in armed conflict, and penalties. The Committee requested the Government to provide information on the measures taken to establish penalties for the violation of the prohibition on the forced or compulsory recruitment of children for use in armed conflict.

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

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

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

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

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

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