Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Panama

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) (Ratification: 1958)
Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 1958)
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) (Ratification: 1970)

Previous comments: C.12 direct request; C.17 observation and C.19 direct request.

The Committee notes the observations of the National Council of Organized Workers (CONATO) regarding the application of Conventions Nos 12 and 19, received on 31 August 2023, which emphasize the difference in treatment for migrant workers and the limited statistical information on occupational accidents in agriculture, the latter on account of: (i) the precarious existence of duly constituted labour organizations; and (ii) the low level of affiliation of workers to the social security scheme despite the legal provisions making registration compulsory from the first day of work. The Committee requests the Government to provide its comments in this respect.

In order to provide a comprehensive view of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 17 (occupational accidents) and 19 (equality of treatment) in a single comment.

Article 5 of Convention No. 17, read in conjunction with Article 2(1). Payment of compensation in the form of periodic payments without limit of time. The Committee notes the Government’s indication that, further to the publication of Act No. 51 of 27 December 2005 amending the Basic Act on the Social Security Fund and establishing other provisions, all enterprises and regions in the country have been incorporated into the compulsory Social Security Fund (CSS) scheme, including coverage of occupational risks, which for this contingency provides for the indefinite payment of a pension in the event of permanent incapacity, whether partial or total.

Application of Convention No. 19 in practice. The Committee notes the information provided by the Government on: (1) the number of foreign workers registered with the CSS; (2) the work permits issued to foreigners by the Ministry of Labour and Employment Development; (3) the number of occupational accidents disaggregated in terms of migrants and non-migrants; and (4) the impossibility of estimating the number of foreign workers not registered with the CSS. The Committee also notes the observations of CONATO indicating the lack of equal treatment as a result of uncontrolled migration in the country. The Committee therefore requests the Government to indicate the steps taken, in law and in practice, to ensure the effective registration of migrant workers with the CSS, in order to provide them with the same protection as national workers in cases of occupational accidents.