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

Abolition of Forced Labour Convention, 1957 (No. 105) - Panama (Ratification: 1966)

Other comments on C105

Observation

Direct Request

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Impact of compulsory prison labour on the application of the Convention. The Committee notes the information received on 24 March 2011 from the General Confederation of Workers of Panama (CGTP) in the context of the General Survey on Fundamental Conventions, as well as its communication received on 14 August, which contains observations on the application of the Convention by Panama. In its communications, the CGTP observes that imprisonment sanctions may be imposed in case of strikes declared as seditious by the Government. The CGTP further observes that in case of manifestations of protest which involve road closures a sanction of up to two years of imprisonment shall be imposed by virtue of Law 14 of 13 April 2010 (section 9). The Committee observes that in its reply to these observations, the Government indicates that strikes can only be declared illegal by labour courts and that the Government has no power to do so.

The Committee notes that no obligation to perform prison labour is provided for in the criminal legislation most recently adopted (Penal Code, 2007, and Code of Penal Procedure, 2008). It observes, however, that according to section 70 of the Law Regulating the Penitentiary System (Law No. 55/2003) the participation in labour activities is an obligation of convicts. The Committee recalls, in this connection, that penal sanctions involving compulsory labour, including compulsory prison labour, fall within the scope of the Convention when they are imposed for the peaceful participation in strikes or for the expression of political views. The Committee therefore requests the Government to indicate, in its next report, whether Law No. 55 of 2003 (Law Regulating the Penitentiary System) is still in force, clarifying, in particular, whether convicts are compelled to perform work.