Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Panama (Ratification: 1966)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Panama (Ratification: 2016)

Autre commentaire sur C029

Observation

Demande directe

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Recalling that in November 2016 Panama ratified the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee notes the information provided by the Government in its 2019 report on the measures taken to apply the Convention as supplemented by the Protocol. The Committee also takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 28 September 2019, and the Government’s reply to these observations, received on 27 November 2019. It notes that the CONUSI sent supplementary observations on 30 September 2020. The Committee further notes the Government’s response to these observations, received on 7 December 2020. Given that this response was received too late for examination by the Committee at its current meeting, the Committee proposes examining it in due course.

Articles 1(1) and 2(1) of the Convention and Article 1(1) of the Protocol. Effective measures to combat trafficking in persons.

1. Article 1(2) of the Protocol. Systematic and coordinated action. In its previous comments, the Committee recognized the action taken by the Government to combat trafficking in persons, in particular through the adoption of Act No. 79 of 2011 concerning trafficking in persons and related activities (Anti-Trafficking Act) and its implementing regulations (Executive Decree No. 303 of 2016). It noted in particular the establishment of a coordinated management system to combat trafficking, the setting up of the National Committee against Trafficking in Persons (CNCTDP) and the adoption of the first National Plan to combat trafficking in persons. The Committee asked the Government to continue these efforts and to provide information on the implementation of the National Plan and on measures taken to ensure better identification and protection of victims and suppression of this crime.

The Committee notes that the Government confirms in its report that it is continuing to make efforts to strengthen its anti-trafficking policy, especially as Panama is a country of origin, transit and destination for victims of trafficking for sexual exploitation and forced labour. In this regard, the Committee notes the adoption of the National Action Plan to combat trafficking in persons 2017–2022 (Executive Decree No. 125 of 17 April 2018). As was the case for the previous plan, the actions envisaged cover five strategic areas: prevention, awareness-raising and dissemination; assistance and protection for victims; action to stamp out the crime; international cooperation; and implementation, follow-up and monitoring. The five strategic areas include lines of action with goals to be achieved, management indicators and identification of the entities involved. The Committee also notes that the implementing regulations for the Anti-Trafficking Act provide for the production of an annual report by the CNCTDP secretariat on progress made on the implementation of the Plan.

The Committee notes that in its observations the CONUSI recognizes the initiatives and action taken by the Government to combat trafficking, but considers that the Government has not provided specific information on the results achieved.

The Committee requests the Government to continue providing information on the action taken by the National Committee against Trafficking in Persons to ensure systematic and coordinated action by all entities involved in the implementation of the National Action Plan to combat trafficking in persons 2017–2022. The Committee also requests the Government to provide information on the results achieved in the context of the Plan, on evaluation reports drawn up by the National Committee and on measures taken or envisaged to overcome any obstacles identified with regard to the adoption of a new plan. Lastly, the Committee requests the Government to indicate the manner in which employers’ and workers’ organizations are consulted regarding the implementation of the plan, its evaluation and the preparation of a new plan.

2. Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising and data. The Committee notes the detailed information provided by the Government on the many awareness-raising campaigns undertaken and on institutional capacity-building training courses. The Government also indicates that, for statistical purposes, the forum on trafficking in persons has proposed the setting up of a system to enable better coordination of the actors involved in the prevention and suppression of trafficking in persons in order to reinforce the methodology used in procedures for recording, gathering and processing statistical data in this field. The Committee observes that under the heading of coordination and exchange of statistical information among the authorities concerned, the National Plan provides for the setting up of an integrated system of statistics on trafficking in persons. The National Plan also provides for the “mapping” of victims and their profiles and of trafficking routes and their modus operandi. In view of the importance of having reliable data on the characteristics and extent of trafficking in order to ensure the best formulation of policies, the Committee hopes that the Government will be able to provide information on the setting up of an integrated system of statistics on trafficking in persons and “mapping” of victims and, if applicable, to forward the data collected.

Clause (c). Reinforcement of inspection services. The Committee notes that the National Plan provides for the implementation of joint inspections, involving officials from the Ministry of Labour, the National Migration Service and security services, in order to detect situations of trafficking for labour exploitation. The Committee requests the Government to provide further information on the measures taken to strengthen the capacities of the inspection services for the prevention and detection of cases of trafficking in persons for labour exploitation, and also on joint labour inspections conducted for this purpose, as provided for in the National Plan.

Clause (d). Protection of migrant workers during the recruitment process. The Committee notes that the CONUSI refers in its observations to the situation of many migrant workers whose migration status is not regularized and who do not have a work permit. They are not covered by the guarantees contained in the labour legislation and many are trapped in situations amounting to forced labour in prostitution and in the informal or formal economy. The CONUSI also indicates that no data are available on penalties imposed on those who employ workers who do not have work permits. The Committee requests the Government to provide information on the measures taken to monitor the recruitment process and conditions of employment of migrant workers in order to protect them from these abuses and from situations amounting to forced labour.

Clause (e). Support for due diligence by enterprises. The Committee observes that the National Plan provides, under the strategic component of prevention, for the creation of a strategic alliance with employers and industry so that these can engage in preventing and combating trafficking in persons for labour exploitation. The Committee requests the Government to provide information on the implementation of this alliance and in particular on agreements signed with private employers and industry on activities undertaken, as provided for in the National Plan.

3. Article 3 of the Protocol. Identification and protection of victims. The Committee notes the setting up in 2017 of the Victim Assistance and Identification Unit (UIA), whose functions include determining the status of trafficking victims in cases reported to it and carrying out emergency interventions to ensure protection and assistance for victims. In 2018, it registered 54 potential victims of trafficking, of whom 17 were confirmed (definitive identification). Between August 2019 and September 2020, 55 victims were received and assistance provided to 46 of them. The victims originated largely from Colombia and Venezuela. Moreover, the Government indicates that in January 2019 the Action Protocol for the detection, identification, assistance and protection of trafficking victims was adopted. This is a technical tool which establishes guidelines for promoting coordination of the different institutions involved in victim identification and assistance. With regard to victim protection measures, the Government indicates that these involve three phases (the recovery phase covering the first 90 days, the immediate intervention plan, and the integration phase) and that a technical evaluation team, composed of social workers and psychologists, was established in January 2019 to identify the measures to be adopted during these phases. Furthermore, a new plot of land is due to be allocated in the near future for the construction of the first temporary reception centre for trafficking victims, as provided for in the National Plan. Lastly, the Committee notes that Decree No. 7 of 8 January 2019 and Decree No. 21 of 28 May 2019 enable persons identified as victims to benefit from a humanitarian temporary protection permit which is valid for one year and can be extended for up to six years. This permit qualifies them for a temporary work permit (in November 2019, nine individuals received a humanitarian temporary permit). The Committee requests the Government to continue providing detailed information on the number and characteristics of persons identified as trafficking victims, for either sexual or labour exploitation, and also on the nature of the protection granted to them (medical and psychological assistance, legal assistance, granting of a residence and work permit, rehabilitation programmes, etc.). The Committee also requests the Government to indicate the measures taken with a view to the construction of the temporary reception centre for trafficking victims.

4. Article 4 of the Protocol. Access to remedies and compensation. The Committee recalls that the 2011 Act, in addition to providing for free legal assistance and legal representation, stipulates that courts that issue convictions for trafficking offences must also order compensation for victims (sections 38 ff.). The return of victims to their countries of origin or their absence during legal proceedings will not affect their right to receive compensation. The CNCTDP, which is responsible for providing this legal assistance, must establish an assistance fund for trafficking victims and must set aside 25 per cent of its budget for this purpose. The Government explains that, in view of the vulnerable situation of trafficking victims, the latter benefit from the public advocate service. It is for the victims to decide, on the basis of the information provided by this service, whether or not to appear as plaintiffs in court proceedings. In fact, all trafficking victims have benefited from the victim advocacy services of the judiciary. As regards the victim assistance fund, the Government states that the fund administration unit has conducted an examination of court decisions that have ordered the confiscation and seizure of assets deriving from trafficking crimes in order to provide resources for the fund. Finally, the Committee notes the Government’s indication that, for the first time, a court in September 2020, when handing down a conviction for the crime of trafficking in persons for labour exploitation, ordered the compensation of the victim for the damages suffered.

The Committee requests the Government to continue providing information on cases in which courts have ordered compensation for victims and on measures adopted to enforce these penalties. The Committee also requests the Government to indicate the measures taken to encourage victims to assert their rights, including the right to compensation, and to file complaints against the perpetrators under the criminal prosecution system. The Committee further asks the Government to indicate how victims who do not file complaints or who return to their countries receive compensation.

5. Article 25 of the Convention and Article 1(1) of the Protocol. Penalties. In reply to the Committee’s previous comments on the functioning of the system to prosecute crimes of trafficking in persons, the Government indicates that between 2014 and 2018 over 250 victims were released, 22 networks were dismantled, 75 individuals underwent court proceedings and 18 were convicted. In 2018, of the eight court decisions handed down, all were concerned with cases of trafficking in persons for sexual exploitation. In 2019, of the ten court rulings, eight included convictions and one of them issued the most severe sentence ever imposed, namely 25 years imprisonment. The Government adds that at the end of 2019 the judicial authorities prepared the Protocol on judicial action in relation to trafficking in persons. The Protocol sets out the procedures and phases through which all officials in the justice system can implement the procedures effectively for the investigation of this crime. The Committee requests the Government to continue carrying out awareness-raising and training activities for prosecution entities and other competent bodies to ensure the detection and suppression of trafficking practices for both sexual and labour exploitation. The Committee also requests the Government to continue providing information on court proceedings initiated in trafficking cases, on court decisions handed down and the penalties imposed and also on procedures for confiscating and seizing the assets of perpetrators.