Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Panama (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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The Committee notes the observations of the National Council of Organized Workers (CONATO), received on 31 August 2023. It requests the Government to provide its comments in this respect.

Article 3(a) and (b) of the Convention. Worst forms of child labour. Trafficking and commercial sexual exploitation of children. The Committee notes the adoption, in February 2022, of Law No. 285 which creates a System of Guarantees and Comprehensive Protective Rights of Children and Adolescents. More particularly, the Committee notes that section 110 prohibits all forms of commercial exploitation of children, and section 111 imposes on the State a duty to protect children from commercial sexual exploitation. The Committee takes note of the information provided by the Government that, out of the 22,530 complaints relating to sexual offences against minors, received and registered by the Council for the Prevention of Sexual Crimes (CONAPREDES) between 2019 and 2022, 6 per cent correspond to complaints linked to crimes of sexual exploitation (1,368 cases, involving 1,865 underaged victims – 78 per cent girls, 20 per cent boys and 2 per cent unidentified). Among these 1,368 complaints relating to sexual exploitation, the Government states that 73 per cent relate to cases of corruption of minors, 13 per cent to child pornography, five per cent to possession of child pornography, three per cent to pimping, two per cent to paid sexual relations with minors, two per cent to showing pornographic material to minors, and 2 per cent to sexual tourism. The Government further indicates that between January 2020 and March 2023, a total of 102 convictions relating to sexual offences were handed down. Among these, 19 per cent for possession of child pornography, eight per cent for child pornography and three per cent for pimping.

The Committee notes the Government’s statement that, for the reporting period, no information is available from the Observatory examining the sexual exploitation of children and young persons which was established by the University of Panama in 2018. It notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), that Panama remains a country of origin, transit and destination for trafficking in persons for purposes of sexual exploitation, forced labour and sexual servitude affecting women and girls (CEDAW/C/PAN/CO/8, 1 March 2022, paragraph 25(b)). It further notes the concluding observations of the United Nations Human Rights Committee under the International Covenant on Civil and Political Rights (CCPR), in which it expressed its concern about the persisting trafficking for the purpose of sexual exploitation and forced labour, particularly of women and girls, and the low number of prosecutions and convictions, despite the efforts made by the Government (CCPR/C/PAN/CO/4, 12 April 2023, paragraph 29). The Committee therefore requests the Government to pursue its efforts to prevent the trafficking of children for the purposes of both sexual and labour exploitation. It requests the Government to provide information on the results achieved, including by continuing to provide information on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed relating to the trafficking and commercial sexual exploitation of children.

Articles 6 and 7(2). Programme of action and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for their removal from these types of work and for their rehabilitation and social integration. Trafficking of children. The Committee takes note of the updated National Plan of Action to combat trafficking 2022–27. It notes the Government’s indication that the National Commission against Human Trafficking is responsible for: (1) monitoring the actions undertaken to prevent and repress the crime of trafficking in persons; (2) providing assistance and care to the victims identified; (3) monitoring and evaluating the National Plan of Action; and (4) measuring the results of policies adopted for implementation at the national and international levels. The Government also indicates that the National Secretariat for Children, Young Persons and the Family (SENNIAF), when providing assistance to child victims, refers to the Manual for the treatment of children and young persons victims and survivors of sexual assault, which sets out the procedure to be followed when providing care to children aged 4 to 17 years, including child victims of commercial sexual exploitation. The Committee further notes the indication that the SENNIAF designed the Road map for the restitution of rights for cases of child labour, which establishes the various procedures to follow when providing assistance to children saved from child labour and its worst forms and includes: (1) a procedure to receive complaints; (2) a procedure for analysing cases and creating an action plan; and (3) a procedure for referral to other services and removing victims of child labour.

The Committee notes the Government’s indication that, in 2022, 30 victims of trafficking for the purpose of sexual exploitation were identified, of which 30 per cent were aged 6 to 15 years. The Government adds that, in 2022, the SENNIAF provided assistance to a total of 15 victims of trafficking aged 0 to 17 years (six girls and nine boys).

The Committee notes the CONATO’s commitment to raise awareness and to provide training to workers to better enable them to denounce, monitor and fight for the eradication of the worst forms of child labour. It notes from the CONATO’s observations that there is a need for a closer cooperation between police authorities and the CONATO with regard to trafficking in persons. The Committee requests the Government to provide information on: (i) the assessment made of the National Plan of Action to combat trafficking 2017–22 by the National Commission against Human Trafficking and how it informed the elaboration of the 2022–27 plan; and (ii) the measures taken and results achieved within the context of the updated National Action Plan to combat trafficking in persons 2022–27 for the removal of children from trafficking for both labour and sexual exploitation and their rehabilitation and social integration. It also requests the Government to continue to provide information on the number of children who have been identified and removed from these worst forms of child labour and provided with direct assistance.

Article 7(2). Clauses (a) and (d). Providing access to free basic education and children at special risk.Children from indigenous and Afro-descendent communities. The Committee notes the Government’s indication that it took measures to address the poor living and working conditions of indigenous children, in particular those who work in cane fields and coffee plantations. More specifically, the Government, in coordination with the NGO “Casa Esperanza” undertook various operations during the harvest season to provide comprehensive care to children and adolescents which were identified as being engaged in child labour in the sugar and coffee plantations. Between 2020 and 2022, 35 children (27 boys and eight girls) of indigenous or Afro-descent communities were identified and received direct assistance. The Committee notes, however, that the Government does not provide information on the measures taken to ensure access to education of children of indigenous and afro-descendent communities. The Committee further notes, from the concluding observations of the CCPR, the concerns about the extent of child labour, in particular in the agricultural sector, which concerns mainly children of Afro-descendent and of indigenous communities (CCPR/C/PAN/CO/4, paragraph 29). The Committee takes note of the measures taken by the Government to protect children from indigenous and Afro-descendent communities from the worst forms of child labour and requests it to pursue its efforts in this regard. Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee also requests the Government to provide information on the specific measures taken to ensure access of these children to free basic education and the results achieved.

Child domestic workers. The Committee notes the Government’s information that the Ministry of Labour and Labour Development (MITRADEL), through the Directorate against Child Labour and the Protection of Young Workers (DIRETIPAT) and in compliance with the procedures established in the road map for comprehensive action on domestic child labour, received and dealt with three complaints of child labour in domestic work between 2020 and 2023. The Government further indicates that the DIRETIPAT organizes awareness-raising days on the risks of child domestic work with the aim of promoting a culture of denouncing cases of child domestic labour. The Committee requests the Government to continue to provide information on: (i) the conclusions of the above-mentioned three cases dealt with by the DIRETIPAT; (ii) the measures taken with a view to preventing children from becoming victims of this worst form of child labour and the results achieved; and (iii) the number of children identified, removed from this worst form of child labour and who were provided with direct assistance to ensure their rehabilitation and social integration.