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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Panama (Ratification: 2022)

The Committee takes note of the Government’s first report.

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), insofar as they also relate to the application of the present Convention, in particular with regard to: Article 3(1) and (2) of Convention No. 81 and Article6(1) and (3) of Convention No. 129 (additional duties of labour inspectors); Article6 of Convention No. 81 and Article 8 of Convention No. 129 (recruitment of labour inspectors); Articles 14 and 21(f) and (g) of Convention No. 81 and Articles19(1) and 27(f) and (g) of Convention No. 129 (notification to the inspectorate of occupational accidents and cases of occupational disease); and Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129 (legal proceedings and effectively enforced penalties).

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2024.

Articles 6(1)(a) and (b), 14, 15, 18 and 21 of the Convention. Occupational safety and health (OSH) inspections in agriculture. Human resources and material means. Measures with immediate executory force. The Committee notes the Government’s indication that there are 18 labour inspectors specializing in agriculture, including an agricultural engineer. The Government also indicates that: (i) 388 inspections were carried out in the agricultural sector in 2023 as well as 180 inspections from January to April 2024; and (ii) the 6 regional departments are equipped with cars and means of communication. The Committee also notes that, in its observations, CONUSI alleges delays in inspections and a lack of resources, such as transport for staff, which hinders effective responses to complaints in the agricultural sector. CONUSI alleges that this situation enables companies to avoid complying with OSH standards and refers to recent cases of exposure to harmful chemicals in banana bags, poisonings in the sugar sector and a fatal accident in a maize silo in 2021 due to the lack of OSH equipment. CONUSI also refers to the lack of labour inspections to effectively address the issue of child labour in the agricultural sector. The Committee requests the Government to provide its comments in this regard.The Committee also requests the Government to provide detailed information on the material means, such as the number of cars, available to labour inspectors in agriculture.The Committee also requests the Government to provide information on the number of OSH inspections carried out in the agricultural sector and the measures with immediate executory force ordered by labour inspectors in this sector in the event of imminent danger to the health or safety of workers.With reference to its comment on the Minimum Age Convention, 1973 (No. 138), the Committee requests the Government to indicate the number of labour inspections focusing on child labour in agriculture, the number and nature of the violations detected and the penalties applied.

Article 9(3). Training of labour inspectors in agriculture. The Committee notes the information provided by the Government indicating that labour inspectors assigned to agricultural areas participate in specific training and that measures have been implemented to improve their capacities and skills with a view to optimizing their performance. The Committee also notes that, in its observations, CONUSI alleges a lack of specialized training for labour inspectors in the agricultural sector. CONUSI indicates that the labour inspectorate lacks inspectors with experience in agricultural practices, such as the safe handling of herbicides, pesticides and other chemicals, which undermines the effectiveness of inspections, especially on OSH issues. The Committee requests the Government to provide its comments in this regard. The Committee also requests the Government to provide detailed information on the agricultural training provided to labour inspectors, including the frequency of such training, the number of participants and the subjects covered.

Article 17.Preventive control of new plant, new materials or substances and new methods of handling or processing products. The Committee notes the information provided by the Government that, to date, the labour inspectorate has not intervened in new areas and plants for prior safety control. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that labour inspectors are competent to exercise preventive control of new plant, new materials or substances and new methods of handling or processing products.

Articles 26 and 27.Annual report on the activities of the labour inspection services. The Committee notes the information provided by the Government indicating that the National Labour Inspection Directorate receives statistical data on the inspections carried out from the agricultural inspection groups on a monthly basis and that the first report under this Convention is being prepared. The Committee requests the Government to continue to provide information on the measures taken to ensure the publication of the annual report on the work of the inspection services in agriculture and to transmit it to the ILO, in accordance with Article 26, ensuring that it addresses all the subjects listed in Article 27.