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

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

Other comments on C138

Observation

Direct Request

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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.