Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. Further to its previous comment, the Committee notes the Government’s indication that the recruitment of foreign migrant workers to work on plantations is practically non-existent with the exception of the recruitment of workers from Costa Rica. In this regard, the Committee notes the signing, on 14 May 2009, of an agreement between the Ministries of Labour of Panama and Costa Rica aimed at ensuring the protection of indigenous and tribal migrant workers. It also notes that a standing technical committee will be set up soon to monitor migration flows. The Committee requests the Government to provide further information on the impact of this agreement on plantation workers. Furthermore, the Committee requests the Government to refer to its comments under the Indigenous and Tribal Populations Convention, 1957 (No. 107).

Part IV (Wages), Articles 24–35. Further to its previous comment concerning the manner in which minimum wage standards are applied to plantation workers, the Committee notes the adoption of Executive Decree No. 46 of 11 December 2007, which establishes the minimum wage rates applicable throughout the country. It notes that the new rates applicable represent an increase of around 20–30 per cent in the agricultural sector according to the size of the undertaking. Furthermore, the Committee notes the study carried out in 2007 by the Minimum Wage Technical Committee on the revision of the minimum wage, which indicates the methods for calculating the consumer price index and the value of the shopping basket. With regard to the application of Articles 1 and 4(2) of the Protection of Wages Convention, 1949 (No. 95), the Committee requests the Government to refer to its 2008 comments under that Convention.

Part VII (Maternity protection), Articles 46–50. The Committee requests the Government to refer to its comments made under the Maternity Protection Convention, 1919 (No. 3), in particular with regard to nursing breaks.

Parts IX and X (Right to organize and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the detailed information provided by the Government concerning the measures taken to increase the number of inspectors and improve the efficiency of the labour inspection services, particularly in the plantation sector. With regard to the eradication of child labour on plantations, the Committee notes the establishment of the programme for the prevention and eradication of child labour in the agricultural sector and the introduction of inspections targeting the protection of children and young persons between the ages of 2 and 17 years. The Committee requests the Government to continue keeping the Office informed of any progress made in this regard.

Part XII (Housing), Articles 85–88. The Committee notes that the Government’s report provides no new information on this matter. It recalls that section 128(12) of the Labour Code provides that, where employers have undertaken to provide workers with accommodation, they are under an obligation to provide those workers with clean housing which meets the standards and specifications laid down by the labour authorities. The Committee once again requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers and to provide information on the measures taken or envisaged to encourage the provision of adequate housing accommodation for plantation workers.

Part XIII (Medical care), Articles 89–91. Further to its previous comments, the Committee notes the statistics provided concerning the health services available in the country’s various provinces and the amounts paid in incapacity benefits during the period 2003–07. It notes, however, that the Government’s report contains no information on the number of plantation workers insured under the Social Security Fund, the scope of coverage of this insurance and the measures taken to encourage the provision of adequate medical services for workers who suffer from health problems due to exposure to pesticides and other chemicals on banana plantations. The Committee once again requests the Government to provide further information in this regard.

Part V of the report form. Application in practice. The Committee notes the detailed statistics as well as the copies of collective agreements provided by the Government. The Committee requests the Government to continue providing general information on the application of the Convention in practice, including, for example: (i) information on labour inspections in the plantation sector (violations reported, penalties imposed, etc.); (ii) the types of plantation that exist in the country and the number of undertakings covered by the Convention; (iii) extracts from official reports on current social and economic conditions in the plantation sector, as well as any other information which would enable the Committee to assess whether the living and working conditions on plantations are in conformity with the provisions of the Convention.