Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 labour on persons sentenced to imprisonment on the application of the Convention. In its previous comments, the Committee noted, on the basis of information sent by the General and Autonomous Confederation of Workers of Panama (CGTP), that prison sentences might be imposed for taking part in a strike declared as seditious or in demonstrations that cause road closures (section 9 of Act No. 14 of 13 April 2010). The Committee recalled that the Convention prohibits imposing sanctions which involve compulsory labour, including compulsory prison labour, on persons who have participated peacefully in a strike, expressed political views or views opposed to the established political, social or economic system. In this respect, it recalled that, although the criminal legislation that had been recently adopted did not contain any obligation to perform prison labour (Penal Code, 2007, and Code of Penal Procedure, 2008), section 70 of the Act Regulating the Penitentiary System (Act No. 55/2003) states that participation in labour activities is an obligation of convicted prisoners.

The Committee notes that, in its latest report, the Government points out that, although Act No. 55/2003 regulating the penitentiary system is still in force, the participation of prisoners in labour activities is always of a voluntary nature. The Government specifies that the legal service of the General Directorate of the penitentiary system is at present involved in drafting a bill to reform the Act of 2003, under which it will be proposed that the work of prisoners is not compulsory. The Committee therefore requests the Government to indicate, in its next report, the state of progress in adopting the bill to amend Act No. 55/2003 regulating the penitentiary system. It hopes that the Government will take this opportunity to amend section 70 of this Act to establish the voluntary nature of the work carried out by persons sentenced to imprisonment. This would bring the national legislation in line with the practice described by the Government and guarantee that, in accordance with the Convention, no person taking part in a strike or expressing political views could be punished by a prison sentence involving compulsory prison labour.