Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI) dated 1 September 2016 and also the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the strengthening of the legislative and institutional framework for combating the trafficking of persons through the adoption of Act No. 79 of 2011 against trafficking in persons and related activities and the setting up of the National Committee against Trafficking in Persons (CNTP). It asked the Government to continue taking steps to implement the five strategic components of the 2012–17 National Plan against Trafficking in Persons, namely: prevention, protection of victims, prosecution of offenders, cooperation and monitoring.

The Committee notes the detailed information sent by the Government in its last report on the implementation of the National Plan and on the adoption on 6 September 2016 of the regulations implementing Act No. 79 (Executive Decree No. 303). It describes in particular: the numerous activities for providing information and raising awareness of action to combat trafficking in persons (the “Blue Heart” campaign against trafficking in persons, the “One month against trafficking in persons” campaign, conferences, workshops, human chains, radio and TV programmes); the increase in the number of training courses relating to trafficking in persons provided for officials in the judiciary and police, in migration, health and education services, and in the regional executive authorities (Gobernaciones); the establishment of specialist anti-trafficking units at the Public Prosecutor’s Office and in the Judicial Investigation Department of the National Police; the construction of special interview rooms which preserve the anonymity, dignity and physical integrity of victims (Cámara Gesell); and the establishment of a telephone helpline for receiving complaints.

With regard to the protection of trafficking victims, the Committee notes that the regulations implementing the Act provide for the establishment of a “victim identification and assistance unit”, which is to draw up a protocol of procedures for identifying, detecting, assisting and protecting victims, and also a “victim fund administration unit”. The Government also explains that administrative formalities are under way for the construction of a victim reception centre in the province of Panamá Oeste (West Panama), which will be equipped with a multi disciplinary team and cater for 30 persons.

With regard to the prosecution of trafficking, the Committee notes that, according to the statistical information supplied by the Government, the Judicial Investigation Department of the National Police carried out more than 15 operations in conjunction with the Public Prosecutor’s Office in 2015 and 2016. These operations resulted in the dismantling of 13 international criminal networks and the release of over 150 victims of trafficking for labour and sexual exploitation. Most of the victims originated from the Bolivarian Republic of Venezuela, Colombia, the Dominican Republic, Honduras and Nicaragua. The Government also supplies information on 15 cases which were investigated by the Public Prosecutor’s Office between April 2015 and March 2016 and referred to the courts. Four of these cases resulted in convictions for trafficking in persons with prison sentences of ten to 18 years. The Committee notes that CONUSI emphasizes in its observations that the vast majority of victims prefer to return to their countries without filing any complaints, for fear of reprisals or lack of confidence that the justice process will be rapid and effective, despite the victim protection that is provided for under Act No. 79 of 2011.

The Committee notes all the measures taken by the Government and requests it to continue strengthening its national policy on action against trafficking in persons. It requests it to continue providing information on the following points:

• – the evaluation by the National Committee against Trafficking in Persons (CNTP) of the implementation of the five strategic components of the 2012–17 National Plan against Trafficking in Persons, indicating any obstacles identified and measures contemplated to overcome them, and providing a copy of annual reports published by the CNTP. The Committee also requests the Government to provide information on any new national plan that has been adopted;
• – the measures taken to enhance identification, assistance and protection in relation to victims, indicating whether the reception centre for trafficking victims in Panamá Oeste has been established, the number of victims catered for and the measures for their protection and assistance. The Committee also requests the Government to indicate whether the “victim identification and assistance unit” has been established and whether the protocol of procedures for identifying and assisting victims has been drawn up. In this regard, the Committee requests the Government to indicate how victims secure from the competent authorities the full observance of rights deriving from their employment (payment of wage arrears, social protection, etc.) and also compensation for any other harm suffered; and
• – the number of investigations opened and judicial proceedings instituted and the nature of penalties imposed under section 456-A of the Penal Code (added by Act No. 79 of 2011), which criminalizes trafficking in persons.

Welcoming Panama’s ratification on 7 September 2016 of the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee hopes that the Government’s next report on the application of the Convention, which is due in 2019, will contain detailed information on the implementation of each Article of the Protocol.