Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre la edad mínima, 1973 (núm. 138) - Panamá (Ratificación : 2000)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes with interest that the Government is cooperating with ILO/IPEC in order to eliminate child labour and signed a memorandum of understanding to this end in 1966. It further notes the Government’s statement that in 1997 it established the Committee for the Elimination of Child Labour and the Protection of Working Minors (Decree No. 25 of 15 April 1997) which is composed of some 18 bodies representing Government, employers, workers and civil society, ILO/IPEC in an advisory capacity, other United Nations agencies and international cooperation bodies. The committee’s role is to coordinate policies and programmes for improving the working conditions of minors and to prevent child labour. Its objective is to develop coordination and cooperation between the various bodies involved. The Committee notes the National Action Plan of 1998-99 to eliminate child labour sent by the Government in its report. It also notes that the abovementioned committee is involved in the drafting, monitoring and evaluation and implementation of the action plan for the gradual elimination of child labour and the protection of working minors.

The Committee notes that the Ministry of Labour has established a child labour programme (Programa de Atención al Trabajo Infantil), which is headed by the department in charge of child labour of the National Directorate of the Labour Inspectorate. The aims of the programme include: enforcement of the Labour Code, the Family Code, Conventions Nos. 138 and 182 and the relevant provisions of the Constitution; inspecting workplaces in order to check, by interviews with minors and employers, the work permits and contracts, wages, types of work performed, social security lists, working hours and other aspects of the work done by minors; to train inspectors in the use of the labour information system (SIL); to identify young people who are working without authorization; and to request the imposition of penalties on enterprises which fail to apply child labour standards. The Committee notes the detailed information supplied by the Government in its report showing the Government’s efforts to eliminate child labour. It encourages the Government to continue to provide information on the various projects under way and their effects on the application of the Convention.

The Committee notes the information supplied by the Government in its report for 2003 to the effect that under the Country Programme to Combat the Worst Forms of Child Labour in Panama (2000-05) a new national plan to eliminate child labour will be drawn up. The Government is asked to provide a copy of the plan as soon as it has been drafted.

Article 2. 1. Minimum age for admission to employment in the maritime sector. The Committee notes from the information sent by the Government in its report that resolution ADM No. 063-2002 of 16 April 2001, adopted by the Maritime Authority of Panama (AMP), amends section 36 of resolution No. 603-04-62 ALCN of 30 June 1985 by raising from 15 to 17 years the minimum age for admission on board vessels of the national merchant navy.

2. Specification of a minimum age of 14 years. The Committee notes that on ratifying the Convention, Panama specified a minimum age of 14 years for admission to employment or work, pursuant to Article 2, paragraph 4, of the Convention. It notes from the information in the Government’s report that the laws determining the minimum age of 14 years, namely the Constitution, the Labour Code and the Family Code, were adopted after consultation with all sectors of society, including employers’ and workers’ organizations. The Committee requests the Government to provide information in future reports on the reasons for its decision to maintain a minimum age of 14 years, under Article 2, paragraph 5, of the Convention.

3. Specification of a minimum age higher than that previously specified. The Committee notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) submitted to the Committee on the Rights of the Child, which will be examined at the latter’s session of May 2004, the Government indicates that the minimum age for admission to employment or work is 15 years (Article 2, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). It also notes that section 1 of Act No. 17 of 15 June 2000 approves Convention No. 138. The Committee requests the Government to indicate whether it plans to raise the minimum age for admission to employment or work from 14 to 15 years, and points out in this connection that Article 2, paragraph 2, of the Convention provides that a member State which decides to raise the minimum age for admission to employment or work initially specified may so inform the Director-General of the International Labour Office by a further declaration.

4. Age of completion of compulsory schooling. The Committee notes that, according to the Government, under the new study programme of the Ministry of Education (basic education), girls and boys must complete nine years of schooling, i.e. at 14 years of age, in accordance with the minimum age laid down by the National Constitution of the Republic, the Labour Code and the Family Code. The Committee observes that 14 years is also the minimum age for admission to employment or work specified by Panama upon ratifying the Convention. It notes that, under section 117(2) of the Labour Code, it is prohibited to employ minors under 15 years of age who have not completed their compulsory schooling. The Committee requests the Government to provide a copy of the provisions regulating the age of completion of compulsory schooling.

Article 3. Hazardous work. The Committee notes that according to section 118 of the Labour Code and section 510 of the Family Code, any work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons or which impairs school attendance, is prohibited for minors under 18 years of age, in accordance with Article 3, paragraph 1, of the Convention. However, under section 118(2) of the Labour Code and section 510(2) of the Family Code, this prohibition does not apply to work done by minors in training establishments when the work is approved and supervised by the competent authority in the following activities: the transport of passengers and goods by road, rail, air and inland waterways and work on quays and vessels and in warehouses; work related to the production, processing and supplying of energy; the handling of explosive and flammable substances; and underground work in mines, quarries, tunnels or sewers.

The Committee reminds the Government that according to Article 6, the Convention does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authorities; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee also recalls that by virtue of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under 16 years of age working in a training establishment may be authorized under section 118(2) of the Labour Code and section 510(2) of the Family Code to perform the abovementioned hazardous activities.

The Committee further notes that in its second periodic report (CRC/C/70/Add.20, paragraph 57) to the Committee on the Rights of the Child, the Government indicates that if the safety, health and morals of the young persons are ensured, the age of admission to hazardous work is 16 years (Article 3, paragraph 3, of Convention No. 138, reproduced in Act No. 17 of 15 June 2000). The Committee requests the Government to indicate whether this means that the Government intends to avail itself of the exception provided for in Article 3, paragraph 3, of the Convention and, if so, to report on the measures taken or envisaged to ensure that the requirements set in this provision are met.

The Committee notes the adoption of Decree No. 279 of 24 September 2003 which creates a safety and health service in order to combat child labour in dangerous and insalubrious activities. The service is headed by the Ministry of Labour and Employment Development (MITRADEL) and its purpose is to set up the necessary coordination and cooperation between all those concerned by child labour, with a view to exchanging information and experience allowing the development of activities to eliminate child labour. The service is also to formulate and disseminate directives to identify, evaluate and promote measures to remedy the employment of children in dangerous and insalubrious activities. The Committee also notes the final draft sent by the Government with its second report which deals with the objectives, operation criteria and coordination mechanisms of the abovementioned service. The Committee requests the Government to provide information on the activities of the safety and health service to combat child labour in dangerous and insalubrious activities.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that upon ratifying the Convention Panama declared that it would initially limit the scope of application of the Convention to the branches of economic activity or types of undertakings listed in Article 5, paragraph 3, of the Convention, namely: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantation and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Government further stated in its declaration that it accepted the obligations of Convention No. 138 for agriculture. The Committee would be grateful if the Government would provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of this Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Noting the efforts made by the Government with support from ILO/IPEC in the area of domestic work by children, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 7. Light work. The Committee notes that section 199 of the Labour Code allows minors 12 to 15 years of age employed on farms to undertake only light work outside school hours. It also notes that according to sections 509 and 716 of the Family Code, minors of 12 to 14 years of age may do agricultural work in accordance with the Labour Code regulations on hours of work, wages, contracts and the types of work. The Committee notes that other than the conditions of employment for normal work (sections 30-97), the Labour Code makes no provision for employment conditions to govern the performance of light work by minors 12 to 14 years of age. The Committee reminds the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws and regulations may permit the employment or work of persons 12 to 14 years of age on light work or the performance of such work by such persons on condition that the work is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall prescribe the number of hours during which and the conditions in which light work may be undertaken. The Committee notes that according to the documents appended to the Government’s report, in practice most young persons work in the agricultural sector. It accordingly requests the Government to provide information on the measures taken or envisaged to ensure that persons 12 to 14 years of age who are permitted to perform light work on farms are employed in accordance with the requirements established in Article 7, paragraph 1, of the Convention. It also asks the Government to provide information on the number of hours during which and the conditions in which, light work may be undertaken.

Article 8. Artistic performances. The Committee notes that, according to the information contained in the report, the Government has not availed itself of this provision of the Convention. It notes, however, that section 510(1)(8) of the Family Code prohibits the use of minors under 18 years of age in public performances, films, theatre, cinema advertising, radio, television or any other activity that impairs their dignity or morals, according to regulations laid down by the National Council for the Family and Minors. The Committee requests the Government to provide copies of regulations adopted by the National Council for the Family and Minors pursuant to section 510(1)(8) of the Family Code and to provide information on the practical effect given to this provision.

Part V of the report form. The Committee notes the national report on child labour produced by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) published by ILO/IPEC in March 2003. According to the statistical information contained in the report, 57,524 minors (7.6 per cent) of 5 to 17 years participate in economic activity. Of these, 47,976 (83 per cent) stated that they work. According to the same report, 25,273 minors work in agriculture. According to a report published in 2002 by IPEC giving a rapid evaluation of the situation of children in domestic work in Panama, 57 per cent of child workers 10 to 17 years of age are employed in agriculture, 11 per cent in domestic work and 14 per cent in commercial activities.

The Committee observes that the abovementioned statistics show that application of the regulations on child labour appears to be difficult in practice and that child labour is a problem. It notes in this connection that, according to the documents appended to the Government’s report, there is child labour in the following sectors in particular: agriculture, including the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work. It invites the Government to indicate the precise measures taken or envisaged to harmonize progressively the de facto situation and the law. It accordingly asks the Government to continue to provide detailed information on the practical application of the Convention, such as statistical data on the employment of children and young persons, extracts from labour inspection reports, particularly on visits carried out in agricultural sectors such as the cultivation of sugar cane, coffee, melons and tomatoes, and domestic work.

The Committee notes the information contained in the Government’s report to the effect that the Ministry of Youth, Women, Children and the Family has prepared a draft code on comprehensive protection. It requests the Government to provide information on developments in this respect.