Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Panama (Ratification: 1966)
Protocol of 2014 to the Forced Labour Convention, 1930 - Panama (Ratification: 2016)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI) and of the National Council of Organized Workers (CONATO) (CONATO), received on 19 February 2024 and 31 August 2023, respectively.

I. Articles 1(1) and 2(1) of the Convention and Article 1(1) of the Protocol. 1. National Plan and systematic and coordinated action. With regard to systematic and coordinated action by entities responsible for combating trafficking in persons, the Government indicates in its report that the executive board of the National Commission on Combating Trafficking in Persons (CNTP) adopted the third National Plan to combat trafficking in persons (2022–27) (Executive Decree No. 156 of 2023), which reincorporates the five strategic components of previous plans: (i) prevention, awareness-raising and dissemination; (ii) assistance and protection for victims; (iii) prosecution of offences; (iv) international cooperation; and (v) follow-up and monitoring of the National Plan.

The Committee notes the Government’s indication that the CNTP carries out monitoring and evaluation of the National Plan to measure the results of policies and refers to the increase in anonymous complaints, the typology of victims and the assistance given to them in 2021 and 2022 (mostly persons displaced outside the territory of their nationality and victims of trafficking for labour exploitation). However, the Committee observes that the Government has not provided any information on the adoption and content of the quarterly and annual evaluation reports prepared by the CNTP (sections 12 and 13 of Decree No. 303 of 2016), or on coordination and consultations with workers’ and employers’ organizations regarding the formulation and implementation of national plans. In this regard, the Committee notes that CONATO claims in its observations that there is a lack of coordination of official policies, an absence of statistical information and reports from the CNTP, and a lack of meetings between the public and private sectors including the trade unions. The Committee requests the Government to provide information on the steps taken by the CNTP to ensure systematic and coordinated action by all the entities responsible for implementation of the National Plan to combat trafficking in persons (2022–27) and on the results achieved, and to send reports on the follow-up to the implementation of the National Plan. The Committee once again requests the Government to indicate the manner in which consultations are held with employers’ and workers’ organizations on the implementation and evaluation of the National Plan and recalls in this regard that workers’ organizations are not part of the CNTP executive board.

2. Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising and information. In response to the Committee’s request regarding the setting up of an integrated system of statistics on trafficking in persons, the Government states that it does not have precise information that responds to the request. The Committee observes that the strategic objectives of the National Plan include the registration and systematic handling of complaints and judicial proceedings, the formulation and implementation of measurement indicators for the follow-up to the implementation of the National Plan, and the exchange of statistical information through an integrated system of statistics. In view of the importance of having reliable information and statistical data, the Committee once again requests the Government to send information on the setting up of an integrated system of statistics on trafficking in persons and “mapping” of victims and also on the data collected through this system.

Clause (c). Reinforcement of inspection services. The Committee notes the Government’s indication that the Ministry of Labour and Labour Development (Ministry of Labour) has carried out various awareness-raising and training activities for the staff of institutions responsible for the detection and suppression of trafficking in persons, including judges, defenders of victims, prosecutors, National Migration Service staff, officials at airports and ports, and officials of the Public Prosecutor’s Office. The Committee notes that the third National Plan once again provides for joint labour inspections and observes that the Government has not provided any information in this regard.

Furthermore, the Committee notes that the United Nations Human Rights Committee, in its concluding observations of 2023, expressed concern at reports regarding the precarious working conditions of domestic workers, the majority of whom are women of Afro-Panamanian, indigenous and migrant origin (CCPR/C/PAN/CO/4). The Committee once again requests the Government to provide information on joint labour inspections conducted under the National Plan (2022–27) and also information on the implementation of capacity-building measures for the inspection services aimed at the prevention and detection of cases of trafficking in persons for labour exploitation, especially in domestic service.

Clause (d). Protection of migrant workers during the recruitment process. With regard to monitoring of the recruitment process and conditions of employment for migrant workers, the Government indicates that the Ministry of Labour, in conjunction with the International Organization for Migration (IOM), has carried out promotion and training activities in ethical recruitment to prevent trafficking in persons, aimed at the administrators of private employment agencies, human resources departments, and also students in related careers. The Committee also notes the implementation of a mechanism to validate international and national job vacancies, through a partnership with the IOM and the use of the International Recruitment Integrity System (IRIS). The Committee encourages the Government to continue implementing training measures and to strengthen monitoring of the recruitment process and conditions of work for migrant workers in order to prevent them becoming involved in situations of forced labour.

Clause (e). Support for due diligence by the public and private sectors. The Committee recalls that the National Plan, like the previous plan, provides for partnerships with business and industry to combat trafficking in persons and observes that the Government has not provided any information on this matter. The Committee recalls that, under Article 2(e) of the Protocol, one of the measures for the prevention of forced labour involves government support for due diligence by both the public and private sectors to prevent forced or compulsory labour and respond to any risks thereof. The Committee therefore requests the Government to provide information on the measures taken to support the public and private sectors in this respect. The Committee also requests the Government to supply information on the implementation of partnerships with business and industry to combat trafficking in persons and other forms of forced labour, and in particular on agreements signed with these sectors, as provided for in the National Plan.

3. Article 3 of the Protocol. Identification and protection of victims. The Committee notes the statistical information according to which, for 2020, a total of 55 per cent of trafficking cases involved women, 28 per cent involved sexual exploitation and 27 per cent other offences, with 9 per cent concerned with labour exploitation. With regard to 2022, 62 per cent related to sexual exploitation and 38 per cent to labour exploitation. Lastly, for 2023, 100 per cent involved labour exploitation and 89 per cent of trafficking victims were women. The Government also states that in 2021 the Ministry of Security, via the Institutional Anti-Trafficking Agency and the general secretariat of the National Commission, assisted 34 victims and potential victims, providing legal aid, healthcare and psychological support, help with applications for migration permits, and humanitarian assistance. In this regard, the Committee duly notes the adoption of the “Guide for the detection of human trafficking cases among the migrant population (2024)”, aimed at staff of the National Migration Service, the police, the National Border Agency and civil society; the guide has a human rights approach and is a source of guidance for these authorities. The Committee also notes Executive Decree No. 108 of 2022, which extended the temporary humanitarian protection permit to the dependants of persons identified as trafficking victims.

The Committee observes that the National Plan (2022–27) has reincorporated the measure from the previous National Plan regarding the construction of a temporary hostel to accommodate trafficking victims but that the Government has not provided any information on the measures taken regarding the construction of this hostel. The Committee requests the Government to continue taking measures for the effective identification of the victims of trafficking in persons, and provide information on the victims identified (number, age and sex) and the type of assistance provided. The Committee also once again requests the Government to supply information on the construction of the temporary hostel for the exclusive accommodation of trafficking victims, as provided for in the National Plan.

4. Article 4 of the Protocol. Access to remedies and compensation. In response to the Committee’s request regarding cases in which the courts have ordered compensation for victims and on measures adopted to enforce these orders, the Government indicates that convictions for the crime of trafficking have been handed down but no compensation has been awarded to victims. On this matter, the Committee recalls that Article 4 of the Protocol establishes the obligation to ensure that victims of forced or compulsory labour, irrespective of their legal status, enjoy the necessary safeguards to have access to appropriate and effective remedies. The Committee once again requests the Government to take the necessary steps to guarantee trafficking victims’ right to compensation and to supply information on the cases in which the courts have ordered compensation for the victims. The Committee further requests the Government to provide information on the measures taken to enable compensation to be obtained by trafficking victims who are not in a position to file criminal complaints or who return to their country of origin.

5. Article 25 of the Convention and Article 1(1) of the Protocol. Prosecution and the imposition of penalties. The Committee notes the Government’s indication that, by Ruling No. 140TJ-A of 9 July 2021, a 23-year prison sentence was handed down for aggravated offences of trafficking in persons (sexual servitude); and, by Ruling No. 13 of 2021, a 20-year prison sentence was handed down, with additional barring from public office, for the crime of trafficking in persons. The Government also indicates that in 2022 the Labour Inspection Directorate detected 22 persons at risk or connected with cases containing evidence of trafficking for labour exploitation.

The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2022, expressed concern at the requirement of movement being among the elements defining the crime of trafficking, at the low number of investigations, prosecutions and convictions of traffickers, and at the lack of protocols for conducting investigations and prosecutions with respect to victims identified by the National Commission on Combating Trafficking in Persons and the police; (CEDAW/C/PAN/CO/8).

The Committee requests the Government to continue providing information on cases in which the labour inspectorate and the police authorities have detected possible situations of trafficking in persons or other forms of forced labour, the investigations carried out and the form of coordination between the labour inspectorate and other competent authorities to ensure the progress of the corresponding investigation and criminal prosecution. The Committee also requests the Government to provide information on the number of investigations and judicial proceedings, whether ongoing or concluded, involving the application of section 456-A of the Penal Code, which criminalizes trafficking in persons, or section 456-D, which criminalizes the initial or continued submission of persons,by means of force, deception, coercion or threats, to the performance of work or services; and to provide information on the penalties imposed.

II. Articles 1(1) and 2(1) of the Convention. Imposition of penalties for non-compliance with the obligation to work overtime. In its communications, CONUSI indicates that Panama Canal tugboat workers are obliged to work overtime as part of their obligation to act as replacements or otherwise face dismissal, despite conditions of fatigue, exhaustion or any other factor that can adversely affect workers. CONUSI refers to section 167 (table b) of the Staff Administrative Regulations (RAP), which defines non-appearance to work overtime as an infringement of the regulations, with dismissal one of the applicable penalties. In reply, the Government provides detailed information on the RAP and the “Collective agreement for captains and deck officers”, and also two decisions of the Supreme Court of Justice (one from the Plenary Chamber (2017), the other from the Third Labour Administrative Disputes Chamber (2020)). The Government also indicates that tugboat captains are workers who have freely accepted their conditions of work (laid down in the “Collective agreement for captains and deck officers” and the RAP), which include the possibility of being assigned overtime work with due remuneration in certain cases. The Government therefore considers that a situation of forced labour does not exist. It also explains that the Panama Canal is covered by health and social security standards and that the Panama Canal Authority (ACP) has undertaken periodic medical reviews and controls and established safety records for staff in key jobs, such as tugboat captains.

The Committee notes this information and observes that the overtime hours worked by tugboat captains when acting as replacements are provided for and covered by the applicable labour regulations (RAP, collective agreement and tugboat operations manual), and also that the Supreme Court has not questioned the legality of the penalties established for non-compliance. Nevertheless, the Committee requests the Government to provide information on the number of workers who have been dismissed for this infringement and the number of inspections carried out by the Panama Canal authorities in order to continue to ensure that the imposition of overtime hours resulting from the obligation to act as replacements is within the limits of proportionality and does not affect the health and safety of the workers.