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

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

Article 1(a) and (d) of the Convention. Compulsory labour for persons sentenced to imprisonment for expressing political views or participating in a strike. In its previous comments, the Committee observed that even though the 2007 Penal Code and the 2008 Code of Penal Procedure do not contain provisions on compulsory labour of detainees, section 70 of the Act regulating the prison system (Act No. 55/2003) states that participation in labour is an obligation for convicted prisoners. In this regard, the Committee recalled that it is prohibited under the Convention to impose a sentence entailing compulsory labour, particularly compulsory prison labour, on persons who participate peacefully in a strike, express political views or oppose the established political, social or economic system. Noting that certain national legislation provides for imprisonment for activities which could fall under the scope of application of the Convention (slander, defamation, participation in a seditious strike), the Committee hoped that the Government would take the necessary steps to amend section 70 of Act No. 55/2003 in order to establish the voluntary nature of work performed by persons sentenced to imprisonment.

In its report, the Government indicates that Act No. 55/2003 regulating the prison system was amended by Act No. 42 of 14 September 2016, governing prison careers and setting forth other provisions. The Committee notes with interest that under section 133 of the 2016 Act, the provisions of section 70(8) of Act No. 55/2003 have been amended, henceforth providing that “persons deprived of liberty are obliged to participate in educational, recreational, cultural and therapeutic activities related to health, and can voluntarily participate in occupational activities.” The Committee also duly notes the Government’s indication that the legal department of the Directorate-General for the Prison System under the Ministry of the Interior indicated in circular No. 610-DGSP-DAL of 8 July 2019 that persons deprived of their liberty are not obliged to participate in activities related to work, since such activities are of a voluntary nature.

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

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

Article 1(a) and (d) of the Convention. Compulsory labour for persons sentenced to imprisonment for expressing political views or participating in a strike. In its previous comments, the Committee observed that even though section 70 of the Act regulating the prison system (Act No. 55/2003) states that participation in labour is an obligation for convicted prisoners, the 2007 Penal Code and the 2008 Code of Penal Procedure do not contain any explicit obligation for prisoners to undertake labour. In this regard, the Government indicated that the participation of prisoners in prison labour is always voluntary in practice and it referred to a draft bill for the reform of the 2003 Act regulating the prison system. The Committee also noted the information sent by the Autonomous General Confederation of Workers of Panama (CGTP) that prison sentences could be imposed for taking part in a strike declared to be seditious or in demonstrations that cause road closures (Act No. 14 of 13 April 2010, which adds new section 167-A to the Penal Code). The Committee recalled that it is prohibited under the Convention to impose a sentence entailing compulsory labour on persons who participate peacefully in a strike, express political views or oppose the established political, social or economic system.

The Committee notes that the Government confirms in its report that, notwithstanding the provisions of section 70 of Act No. 55/2003, the participation of prisoners in labour, educational or other activities is voluntary. It points out that the legal department of the Directorate-General for the Prison System is still working on a bill to reform Act No. 55/2003 to remove the obligation of prisoners to perform labour. The Committee also notes that CONUSI refers in its observations to a number of complaints by trade union leaders and workers who have been detained for participating in a strike or defending their legitimate rights and might be subjected to forced labour.

The Committee recalls that under the Convention it is forbidden to impose compulsory prison labour on persons who have been convicted for taking part in strikes, expressing political views or peacefully opposing the established political, social or economic system. The Committee hopes that the Government, in the context of the adoption of the bill to reform Act No. 55/2003 regulating the prison system, will take the necessary steps to amend section 70 of the Act in order to establish the voluntary nature of work performed by persons sentenced to imprisonment, thereby bringing the national legislation into line with the practice described by the Government. The Committee meanwhile requests the Government to provide information on any cases of detention of workers who have participated peacefully in a strike. The Committee also requests the Government to indicate, if applicable, whether convictions have been issued, stating the nature of the offences and the penalties imposed.

The Committee also notes that the Penal Code provides for imprisonment for slander and defamation when these offences are committed through social media, whether orally, in writing or in electronic form (section 195 of the Penal Code). The Committee requests the Government to supply information on the use of these provisions in practice by the courts, particularly the number of convictions issued, the nature of the offences and the penalties imposed.

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

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.

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

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.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee refers to its observation under Convention No. 29, as follows:

1. With reference to its previous comments requesting the Government to ensure that seafarers have the right to terminate the labour relationship by giving reasonable notice, the Committee notes with satisfaction section 48(c) of Legislative Decree No. 8 of 26 February 1998, which regulates work at sea and on waterways and lays down other provisions. Under the said section 48(c), the engagement contract concluded per voyage, for a specific or indefinite period, shall be rescinded in cases of denunciation by the crew member provided that this does not imply waiver of rights and is done in writing in front of the labour or consular authority or, failing that, before two witnesses who are members of the vessel's crew.

2. Article 2(2)(c) of the Convention. In previous comments, the Committee referred to various sections of the Administrative Code, of Act No. 27 of 1927 (which supplements the Administrative Code), and of Act No. 112 of 1974, which empower various non-judicial authorities to impose administrative sentences including compulsory labour. The Committee noted with interest Act No. 21 of 22 April 1998, which repeals, inter alia, sections 878(1) and 882 of the Administrative Code which provided for sentences of labour on public works, and section 887 of the Code which laid down that persons sentenced to imprisonment who were maintained with public monies would be compelled to labour on public works.

The Committee further notes with interest the Government's statement in its report that it is thus ensured that non-judicial authorities cannot impose penalties involving compulsory labour.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(c) of the Convention. In previous observations, the Committee has referred to section 1120 of the Commercial Code, under which seafarers who abandon their vessel may be required, on pain of imprisonment, to complete the term of their contract and to work for one month without pay. This contradicts the Convention, which prohibits the use of forced or compulsory labour -- including prison labour -- as a means of labour discipline. The Committee notes from the Government's report that the Maritime Labour Bill was tabled in the legislature in September 1997, but that the Government subsequently transmitted the Committee's comments on this Convention to be taken into account.

The Committee hopes that the new legislation will ensure that seafarers are no longer subject to the penalty of imprisonment involving forced or compulsory labour as a means of labour discipline, in order to comply with the Convention. As regards the question of the freedom of seafarers to terminate their employment, the Committee refers to its observation under Convention No. 29.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous comments, the Committee referred to section 271 of the Labour Code under which "a worker who abandons the ship without due cause during a voyage shall forfeit any unpaid wages to which he is entitled, without prejudice to any other legal liabilities." The Committee notes the approval of a series of amendments to the Labour Code on 12 August 1995 by Act No. 44, although the above section was not amended.

The Committee subsequently noted the Bill on work at sea and navigable waterways, which contained a provision establishing that a seaman's contract may be terminated subject to prior notice of two weeks. The Committee notes that it is the Government's intention to revise the Maritime Labour Bill, with the collaboration of a national tripartite commission, which should be established in the near future. The Committee hopes that the Government will supply information on the progress made in the adoption of the above text.

The Committee once again requests the Government to take the necessary measures to ensure that persons engaged in maritime work may terminate the employment relationship if they give reasonable notice.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

In earlier comments the Committee has referred to section 271 of the Labour Code under which "a worker who abandons the ship without due cause during a voyage shall forfeit any unpaid wages to which he is entitled, without prejudice to any other legal liabilities".

The Committee subsequently noted the Bill on work at sea and navigable waterways which contained a provision establishing that a seaman's contract may be terminated subject to prior notice of two weeks. The Committee notes that, according to the information in the Government's report, the above Bill has not been adopted by the Legislative Assembly.

The Committee asks the Government to take the necessary steps to ensure that persons engaged in maritime work may terminate the labour relationship if they give reasonable notice.

The Committee notes that the Government intends to examine the possibility of including the Committee's observations concerning the maritime Conventions ratified by Panama in the above-mentioned Bill. It hopes that the Government will provide information on progress towards the adoption of the Bill.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the draft Bill (No. 15) to regulate work at sea and on waterways, communicated by the Government and submitted to the Legislative Assembly in 1991.

The Committee asks the Government to provide a copy of the above Bill as soon as it has been adopted.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that section 1120 of the Commercial Code has been replaced by section 271 of the Labour Code under which "a seafarer who 'jumps ship' or abandons his employment before the scheduled voyage is completed shall lose entitlement to all the remuneration which he had not already earned at the time when he leaves the ship, without prejudice to the other legal liability he may incur".

The Committee notes with interest the draft maritime labour legislation, in particular section 50, under which "an enrolment contract of indefinite duration may be considered to be terminated, by either of the parties, at a port in which the ship loads or unloads, provided that notice of at least two weeks has been given".

The Committee asks the Government to report on the progress of the maritime labour legislation and to provide a copy of the law once it has been adopted.