Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Plantations Convention, 1958 (No. 110) - Panama (Ratification: 1971)

Articles 5–19 of the Convention. Engagement and Recruitment of Migrant Workers. In its previous comment, the Committee requested information on the impact of the 14 May 2009 agreement between the Ministries of Labour of Panama and Costa Rica, which aimed at ensuring the protection of indigenous and tribal migrant workers. The Committee notes the Government’s information concerning the bilateral agreements it has concluded since the 2009 agreement, including: (i) the Migratory Agreement with Costa Rica on 20 September 2011; (ii) the Joint Declaration of the Presidents of Costa Rica and Panama on 1 December 2011, which declared a joint effort to improve migrant workers’ education and health; and (iii) the First Bilateral Meeting between Costa Rica and Panama to design a plan of action to monitor institutional agreements with respect to migration in Panama’s Los Santos Province. The Committee further notes the Government’s indication that the rate of indigenous worker migration from Panama to Costa Rica during the coffee harvest has been decreasing. The Committee requests the Government to continue to provide up-to-date information concerning the impact of its reported measures, particularly as regards to their impact on the recruitment and employment conditions of migrant plantation workers.

Articles 24–35 and 71–84. Wages and labour inspection. Further to its previous comment, the Committee notes the adoption of Executive Decree No. 263 of 21 December 2009, Executive Decree No. 240 of 28 December 2011, and Executive Decree No. 182 of 30 December 2013, which set the minimum hourly wage levels for agricultural workers. The Committee also notes the Government’s indication that labour inspectors had identified a large number of infractions concerning the implementation of the new minimum hourly wage in the agricultural sector. The Committee notes that, as in other areas of the Government’s report, the Government’s information concerns the agricultural sector in general and does not provide information concerning the plantation sector and its workers, specifically. The Committee notes, in this respect, the Government’s information concerning its efforts to increase the number of labour inspectors and to improve the efficiency of labour inspection services in the plantation sector. The Committee also notes the Government’s indication that it foresees creating a National Centre for the Training of Inspectors and Officials. The Committee requests the Government to continue to provide information concerning measures to enhance the capacity of the labour inspectors in the plantation sector, including any relevant information concerning the establishment of the National Centre for the Training of Inspectors and Officials. Furthermore, given the large number of infractions in the agricultural sector with respect to the implementation of the minimum wage, the Committee requests the Government to provide information on the application of the minimum hourly wage in the plantation sector in practice, including statistical information concerning the results of its labour inspections in this respect.

Articles 85–88. Housing. In its previous comment, the Committee requested further information concerning the minimum standards for the accommodation of plantation workers. The Committee notes, in this respect, the Government’s specimen work agreement, according to which the employer is required to provide free housing in acceptable sanitary conditions, free potable water in the provided housing, as well as certain other accommodations. The Committee welcomes this information but notes that it is not clear whether the provided agreement is demonstrative of all agreements with plantation workers. It recalls, in this respect, that the Convention requires minimum standards and specifications for accommodation, as enumerated in Article 86, to be laid down for all workers in all employment relationships. The Committee requests the Government to clarify whether the conditions for accommodation provided in its specimen work agreement are applied to all plantation workers. If not, the Committee requests the Government to take measures to lay down the minimum standards and specifications relating to the accommodations of plantation workers, as specified in Article 86 of the Convention.

Articles 89–91. Medical care. With respect to the statistical information on the number of plantation workers who are insured by the Social Security Fund, the Committee notes that the Government’s information, like previous reports, only covers agricultural workers and does not provide specific information on plantation workers. The Committee once again requests the Government to provide statistical information that specifically identifies the number of plantation workers and their family members who are insured by the Social Security Fund.