Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Panama (Ratification: 2015)

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The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 31 August 2022 and of the National Council of Organized Workers (CONATO), received on 6 July 2021 and 6 September 2022, respectively. It also notes the Government’s responses to these observations, received on 6 December 2022.

Article 1 of the Convention. Representative organizations. The Committee notes from the observations submitted by CONATO that the organization alleges that it was not recognized by the Government as the most representative trade union with regard to the appointment of the workers’ delegation to the 110th session of the International Labour Conference in 2022. CONATO adds that the Government based its position on the reform introduced by Act No. 68 of 26 October 2010 to section 1066 of the Labour Code of 1971 (Cabinet Decree No. 252 of 30 December 1971). Section 1066 establishes that “Confederations and centrals of workers and federations not affiliated to any confederation or central, shall constitute a National Council of Workers, with consultative status, whose functions shall be regulated by the Executive, without prejudice to the internal regulations adopted by its composite organizations. The National Council of Workers shall establish the shortlists from which to appoint the workers’ delegates to the International Labour Conference … It shall also establish shortlists for the appointment of workers to national bodies …” The Committee notes that following the adoption of Act No. 68, section 1066 has been amended to provide that “Confederations and centrals of workers and federations not affiliated to any confederation or central may constitute voluntarily the National Council of Organized Workers, known by the acronym CONATO, with consultative status, whose rules of procedure shall be adopted by its composite organizations. … A joint Trade Union Committee shall be established, composed of three representatives of the National Council of Organized Workers (CONATO) and three representatives of the National Confederation of United Independent Unions (CONUSI), to formulate the rules of procedure for the designation of the Panamanian worker representation at the Annual Conference of the International Labour Organization, on official organs and institutions and at any other national or international conclave at which all workers must be officially represented, subject to the parameters and criteria decided by the said Committee …”. The Government indicates that, following the amendment of section 1066 by Act No. 68, CONATO and CONUSI approved the Regulations for the selection of representatives of Panamanian workers of December 2010, which provide that the worker representation attending the International Labour Conference shall alternate between CONATO and CONUSI each year. The Committee observes that section 1066 as amended by Act No. 68 provides that the regulations adopted by CONATO and CONUSI “may be amended at a later date by joint decision of the designated organizations”. The Committee understands that since the adoption of the regulations by CONATO and CONUSI, differences of opinion, raised by CONATO, have come to light regarding worker representation at the International Labour Conference, since CONATO interpreted section 1066 as making it the sole representative of the workers and the most representative trade union organization. In its observations, CONATO maintains that it is the sole trade union organization with consultative status constituted under this section, given that CONUSI is only a trade union central, whereas CONATO is composed of seven workers’ centrals and two national federations that are not affiliated to any central. In its reply to CONATO’s observations, the Government indicates that the parameters for determining which are the most representative worker organizations have not been established, and that taking the number of coordinated workers’ organizations as a criterion was neither discussed nor established through consultations and consensus as the basis for the representativity of the workers’ organization or organizations. Given the lack of consensus, recourse was taken to section 1066 of the Labour Code, which allows CONATO and CONUSI to agree on the regulations governing worker representation. In this way, the Tripartite Agreement of 2012, creating the tripartite commissions of Panama, included both organizations as representative of the workers. The Government also reports that, in response to a query from the Ministry of Labour and Labour Development (MINTRADEL), the Government Procurator indicated in 2022 that the CONUSI and CONATO workers’ organizations, under section 1066 of the Labour Code, as amended by Act No. 68 of 2010, must abide by and comply with the Regulations for the selection of representatives of Panamanian workers of 2010, which remain in force until amended by the organizations. The Committee recalls that in conformity with Article 3(1) of the Convention, it is for the respective employers’ and workers’ “representative organizations” to choose their representatives to participate in consultation proceedings (see the General Survey on tripartite consultation, 2000, paragraph 32). In light of the current circumstances in the country, which could hamper the application of the Convention, the Committee invites the Government to encourage the workers’ organizations to agree to a solution to the question of the designation of the Panamanian workers’ representative organizations at the International Labour Conference and in other official committees and institutions. To that end, the Committee requests the Government to make arrangements for consultations between the said organizations by providing space for social dialogue. The Committee also recalls that the Government may avail itself of ILO technical assistance in this regard.

Article 2. Appropriate procedures. The Committee notes the Government’s information, according to which a Higher Labour Council (CST) is being established, as a standing national tripartite body for discussion, consultation, and social dialogue. The purpose of the CST is to contribute to the labour, social and economic development of the country, and to act as a democratic labour relations system, founded on decent work and permanent social dialogue. The Government adds that it has been favouring the incorporation of the committees of the tripartite agreement into the Council. In this connection, CONATO indicates that it was not invited to participate in the discussions on the creation of the CST and has expressly rejected its constitution on the grounds that its functions would be limited in scope and would depend on guidance from the Government. In its reply to CONATO, the Government states that at the outset of the process to set up the CST, it invited all trade union centrals in writing, including the CONATO, and requested their reactions in writing. Four trade union organizations replied, of which three were members of CONATO. The tripartite consultations required by the Convention were then held, and these led to the elaboration of a preliminary draft Act on establishing the CST (2022). As CONATO was in disagreement with certain content of the preliminary draft Act, bipartite meetings were held with its members and there was agreement to hold one or several work sessions to clarify and respond to its concerns. With reference to the Committee’s previous comments on the question of whether the written consultation procedure employed by MINTRADEL was the subject of prior consultations with the social partners, the Government indicates that such a procedure constitutes good national practice aimed at ensuring effective consultations. However, the Government does not indicate whether it conducted prior consultations with the social partners on the adoption of that procedure. In that connection, the Committee once more wishes to recall that paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152) enumerates the different possibilities that Member States can use to ensure the effective consultations required by the Convention. Subparagraph 2(3)(d) of the Recommendation provides that consultations may be undertaken “though written communications, where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient” (see the General Survey on tripartite consultation, 2000, paragraph 71). The Committee requests the Government to keep it informed on the progress made regarding: (i) the preliminary draft Act on establishing the Higher Labour Council; and (ii) reactivation of the functioning of the committees of the tripartite agreement. The Committee also requests the Government once more to indicate if the written consultation procedure used by the Ministry of Labour and Labour Development was the subject of prior consultations with the social partners.

Article 4(2). Training. The Committee notes the information that the Government provides on training activities undertaken between 2015 and 2021 by the Panamanian Institute of Labour Education (IPEL) for employers’ and workers’ organizations on subjects related to international labour standards, the ILO supervisory system, social dialogue and alternative conflict resolution methods. However, the Committee notes that the Government fails to indicate whether representatives of the employers’ and workers’ organizations participating in the Harmonization Committee receive this training. The Committee also notes the creation, with the assistance of the ILO, of the “Inter-American School of Social Dialogue, Tripartism and Conflict Resolution (EI-DiSTReC)”, which is intended to reinforce social dialogue, tripartite interaction, and resolution of labour conflicts. The Committee welcomes the fact that women formed the majority of participants in these activities. Accordingly, the Committee requests the Government to provide information specifically on the training received by the representatives of the employers’ and workers’ organizations participating in the consultations held within the Harmonization Committee.

Article 5. Effective tripartite consultations. The Committee notes the information provided by the Government regarding tripartite consultations held between 2017 and 2022 on: (i) replies to questionnaires sent out pursuant to article 19 of the Constitution of the ILO relating to decent work for care economy workers in a changing economy, the framework for quality apprenticeships, and other subjects related to texts for examination by the International Labour Conference, such as the strategy to end violence in the world of work; (ii) the submission to the competent authorities, for example, of the Violence and Harassment Convention, 2019 (No. 190), and the Violence and Harassment Recommendation, 2019 (No. 206), adopted by the 108th Session of the International Labour Conference (2019); (iii) the possibility of ratifying the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Maternity Protection Convention, 2000 (No. 183), the Violence and Harassment Convention, 2019 (No. 190), and the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185); (iv) reports to be communicated to the International Labour Office under article 22 of the Constitution of the ILO; and (v) the abrogation and withdrawal of Conventions and Recommendations. With regard to consultations held in respect of reports on ratified Conventions, the Government reports that the draft reports are presented to the social partners for examination in August, and they are allowed a period of at least 15 days in which to submit their observations. The reports are then forwarded to the ILO before 1 September. In this regard, CONUSI notes that the Government only communicated its reports to the organization on 15 August and considers that to be a relatively tight time frame for their examination. The Government indicates that the period of 15 days allowed previously has been extended to 30 days. With regard to the procedures required by the Convention, the Committee requests the Government, together with the social partners, to establish an adequate time frame to give employers’ and workers’ organizations notice to form their opinions and make any comments that they may consider appropriate with regard to the drafts shared by the Government in conformity with Article 5(1)(d). The Committee also requests the Government to indicate the intervals at which the tripartite consultations required by the Convention are held. Finally, the Committee requests the Government to continue to provide updated information on the content and results of the tripartite consultations held on all questions relating to international labour standards covered in Article 5(1) of the Convention, including with regard to the recommendations made by the Governing Body through the Standards Review Mechanism.