Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C138

Observation

Direct Request

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The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 1 September 2016.

Article 1 of the Convention. Application of the Convention in practice. In its previous comments, the Committee noted the establishment in February 2010 of the National Directorate to Combat Child Labour and Protect Young Workers (DIRETIPPAT), the technical secretariat of the Committee for the Eradication of Child Labour and the Protection of Young Workers (CETIPPAT), under the responsibility of the Ministry of Labour (MITRADEL). The Committee notes the detailed statistics on the activities of the labour inspection services and notes that inspections following denunciations of cases of child labour are carried out in partnership with the social partners of the DIRETIPPAT. According to the Government’s information, 2,988 inspections relating to child labour were undertaken between January and October 2013, which gave rise to penalties in six cases. The Committee nevertheless observed that, despite the fall in the figures for child labour, the number of children aged between five and 11 years engaged in child labour increased significantly, particularly among girls (304 girls in 2010, compared with 2,190 in 2012).

The Committee notes the observations made by the CONUSI, affirming that only 0.47 per cent of the general State budget is allocated to the MITRADEL and that the DIRETIPPAT cannot therefore have sufficient resources to carry out its mission of the elimination of child labour.

In its report, the Government refers to the many measures taken to prevent and combat child labour. Among these measures, the Committee notes the launching of a roadmap to ensure that Panama is a country free of child labour and its worst forms (2016–19), which was prepared jointly by the CETIPPAT, the ILO and “Casa Esperanza”. The main action set out in the roadmap consists of: (i) the development of a promotional programme for large and medium-sized enterprises for the integration into their internal policies of the prevention and eradication of child labour and its worst forms; (ii) the increased coverage of the programme of grants intended for vulnerable population categories most likely to drop out of the school system early; and (iii) an increase in specific labour inspections focusing on child labour. The Committee notes that regular monitoring will provide a basis for assessing the progress achieved. The Committee also notes the governmental direct action programme of the DIRETTIPAT for the prevention and elimination of child labour intended to raise the awareness of children, parents, employers and workers concerning the causes and consequences of child labour, and notes that 6,052 children benefited from this programme between 2013 and 2016. The Committee also notes that, according to the child labour survey of the National Statistical and Census Institute (INEC) carried out in 2014, the total number of children and young persons under 18 years of age engaged in child labour fell from 50,410 in 2012 to 26,710 in 2014. However, it observes that the number of children aged between five and nine years increased over the same period, rising from 500 to 1,526 in the case of girls and from 1,458 to 2,817 for boys. The Committee notes the absence of information on the activities of the labour inspection services. While taking due note of the various measures and programmes implemented by the Government to ensure the effective abolition of child labour, the Committee requests the Government to continue taking measures to eliminate work by children under 14 years of age, giving specific attention to children between the ages of five and nine years, and especially to girls. It also requests the Government to continue providing information on the results achieved in this regard, including statistical information on child labour and the activities of the labour inspection services.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that, although section 118 of the Labour Code and section 510 of the Family Code prohibit young persons under 18 years of age from performing hazardous types of work, this prohibition does not apply to work performed by minors in training establishments when the work is approved by the competent authority and carried out under its supervision. The Committee observed that the authorization to carry out hazardous types of work within the framework of vocational training may be issued for a young person of 14 years of age, which is not in conformity with Article 3(3) of the Convention.

The Committee notes with interest that the Government adopted Resolution No. CD-03-16 of 1 April 2016, under which the Director-General of the National Vocational Training and Human Development Skills Institute (INADEH) is authorized to draw up a list of hazardous types of work which may be performed by young persons from the age of 16 years in the context of vocational training. However, it notes that the Resolution does not specify whether the Director-General of the INADEH is to draw up this list after consultation with the organizations of employers and workers. The Committee therefore requests the Government to indicate whether, in accordance with Article 3(3), Resolution No. CD-03-16 provides 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 requests the Government to provide a copy of the list once it has been adopted.