Identifier
Created
Classification
Origin
09PANAMA90
2009-01-29 21:50:00
UNCLASSIFIED
Embassy Panama
Cable title:  

PANAMA: 2009 CHILD LABOR REPORT

Tags:  EINT ELAB ETRD PHUM SOC PM 
pdf how-to read a cable
R 292150Z JAN 09
FM AMEMBASSY PANAMA
TO DEPT OF LABOR WASHDC
SECSTATE WASHDC 2926
UNCLAS PANAMA 000090 


INFO GENERALIZED SYSTEM OF PREFERENCES COLLECTIVE; INFO US
MISSION GENEVA; DEPARTMENT OF LABOR FOR DOL/ILAB TINA
MCCARTER; DEPARTMENT OF LABOR FOR DRL/IL TU DANG

E.O. 12958: N/A
TAGS: EINT ELAB ETRD PHUM SOC PM
SUBJECT: PANAMA: 2009 CHILD LABOR REPORT

REF: 08 STATE 127448

-------
Summary
-------

UNCLAS PANAMA 000090


INFO GENERALIZED SYSTEM OF PREFERENCES COLLECTIVE; INFO US
MISSION GENEVA; DEPARTMENT OF LABOR FOR DOL/ILAB TINA
MCCARTER; DEPARTMENT OF LABOR FOR DRL/IL TU DANG

E.O. 12958: N/A
TAGS: EINT ELAB ETRD PHUM SOC PM
SUBJECT: PANAMA: 2009 CHILD LABOR REPORT

REF: 08 STATE 127448

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Summary
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1. Panama continued its efforts to combat child labor in

2008. The GOP trained labor inspectors, prosecutors and
judges, engaged in activities to increase public awareness
and moved forward on its National Plan for the Eradication of
Child Labor that is being implemented by an active,
inter-agency body. Panama has enacted comprehensive laws to
protect children from labor exploitation, including
International Labor Organization (ILO) Convention 182 on the
worst forms of child labor. Information regarding the
enforcement of these laws, including the number of
investigations and civil and criminal sanctions for
violations of child labor laws in 2008 has been formally
requested from the MFA; post will provide an update to DOL
when this information is received. In October of 2008, the
Panamanian Comptroller General's Office conducted the Second
National Survey on Child Labor in Panama, in conjunction with
the ILO. The results of the survey will be made publicly
available in February 2009. According to the ILO survey on
child labor performed in 2000, there were 47,976 child
laborers in Panama. The majority worked in the agricultural
sector, followed by the general service sector and domestic
labor. Rates of work were higher among indigenous children
than non-indigenous children.

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Laws
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2. The laws governing child labor are set forth in: (a)
Articles 117 to 125 of the Labor Code; (b) Article 716 of the
Family Code; (c) Article 66 of the Constitution of Panama;
and (d) Executive Decree 19, that specifies the worst forms
of child labor. Panama has ratified International Labor
Organization (ILO) Convention No. 182 on the Worst Forms of
Child Labor and ILO Convention No. 138 on the Minimum Work
Age for children. Newly enacted Articles 176 to 183 of the
Penal Code now govern the commercial sexual exploitation of
children.


3. Generally, the minimum legal age for employment in Panama
is 14 years for those who have completed primary school and
15 years for those who have not. The Constitution of Panama
states that children under 14 are prohibited from working

"except under those exceptions established by law." There are
exceptions that allow children aged 12 to 14 to be employed
in light domestic and agricultural work outside of school
hours and, in the case of domestic work, with the permission
of the Department of Labor. The Labor Code requires that a
minor's need to attend school must be considered when
determining work hours. For minors under 16, the maximum
work hours are six hours a day, 36 hours per week; for minors
aged 16 to 18, the maximum work hours are 7 hours a day, 42
hours per week. These numbers are at variance with the
Constitution of Panama that limits children from 14 to 18 to
6 hours of work a day. Children under 18 may not work
between the hours of 6 a.m. and 8 p.m.


4. In general, minors under 18 years of age are prohibited
from engaging in work that by its nature or conditions
threatens life, health or morality. The Labor Code gives some
examples of this work, including: working in bars or
nightclubs, or in establishments where alcohol is sold;
working in transportation or warehousing, or on railways,
boats or airplanes; working underground, such as in mines or
tunnels; and working with electricity or with toxic,
flammable, explosive or radioactive materials. There are
exceptions to this rule for minors in vocational schools or
where otherwise deemed appropriate by competent authorities.
These exceptions do not apply, however, to employment in
places where alcohol is sold or to work that involves
radioactive material. Entering into an employment contract
with a minor requires parental consent or the approval of the
administrative authorities where parental consent cannot be
obtained. All employers of minors must keep a record that
includes the full name of the minor employee's parents or
guardians, the employee's date of birth, address, the nature
of the work to be performed, the number of work hours and
schedule, the salary and the employee's level of schooling.
Employers that contract with minors must guarantee their
rights to social security under Law 51, enacted December,

2005. Employing minors in violation of the Labor Code can
result in fines from USD 50 to USD 700. When a violation of
the labor code is found by the Ministry of Labor, a request
for sanction is submitted to the General Director. Sanctions
are imposed after an administrative process.


5. Executive Decree 19 was enacted on June 12, 2006 and
incorporated into Panamanian law an official list of worst
forms of child labor, as required by Article 4 of ILO
Convention No. 182. The worst forms of child labor specified
in the decree include work underground or in areas with
unstable ground, such as excavation and mining; work under
water and in open water; work at high altitude, such as
construction or window washing; work outside, with prolonged
exposure to sun, dangerous animals or dangerous biological or
chemical agents; work in physically limited space or without
sufficient light or air; work with heavy equipment or
equipment in motion; work involving physical violence, verbal
or sexual abuse, or exposure to immoral acts or alcohol; work
requiring exposure to loud noises or vibrations, chemicals,
contaminants, explosives, flammable materials, radiation or
electricity; work requiring a high level of concentration;
work in the streets; and domestic work without sufficient
time off. Article 5 of Decree 19 grants power to the
appropriate authorities to identify and sanction violators.
When it encounters a worst form of child labor, the Ministry
of Labor submits a report to the judicial branch for
prosecution. Engaging a minor in a worst form of child labor
is a crime under the penal code. Under Article 215D of law
38, employment of a minor in conditions dangerous to health,
safety or morality is punishable by a sentence of two to six
years in prison and/or payment for any required medical
treatment.


6. In May 2008, a penal code reform package went into effect
that prohibits the commercial sexual exploitation of minors,
including prostitution, trafficking and child pornography,
now specified in Sections 177 to 182 of the Penal Code. The
law prohibits the facilitation, instigation or organization
of any form of sexual exploitation of minors, and carries a
penalty of 8 to 10 years in prison. In the area of
trafficking, the law prohibits the internal displacement or
movement of a person in or out of the country for the purpose
of receiving remuneration for sexual acts, and carries a
penalty of 6 to 9 years in prison when the activity involves
a minor. The law also specifically imposes an 8 to 10 year
prison sentence for promoting, facilitating or executing the
capture, transport or receipt of a minor inside or outside
the country for the purpose of sexual exploitation.
Regarding child pornography, its fabrication, production,
exhibition, publication or distribution carries a penalty of
5 to 10 years in prison and 10 to 15 years if the victim is
less than 14 years old. Possession of child pornography is
punishable by 3 to 5 years in prison. New Immigration Law 3
went into effect in August of 2008. The law places special
emphasis on combating trafficking involving minors and
creates a trafficking victims unit within the office of
immigration. The unit must provide physical and identity
protection to victims and return them to their country of
origin.


7. Panama's military was abolished under a 1990 amendment to
the constitution.

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Implementation and Enforcement
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8. The Ministry of Labor employed 190 labor inspectors in

2008. All have received specialized training in recognizing
child labor violations. In addition, there were 4 inspectors
and 5 technicians dedicated exclusively to child labor.
Labor inspectors conducted 440 inspections in 2008.
According to media reports, the ministry encountered 789
minors working in businesses of various kinds. At least one
inspection resulted in a referral to the judicial branch as a
worst form of child labor. Post has not yet received
specific information regarding the amount of civil or
criminal sanctions imposed for child labor violations, but
expects this information to be forthcoming through a
coordinated reporting effort with the GOP. Between June 2007
and July 2008, the Panamanian National Police Sex Crimes Unit
investigated 34 cases of child prostitution, 24 cases of
child pornography and 16 cases of trafficking. It is unclear
whether any of the trafficking cases involved children.
There is no information currently available regarding the
outcome of these cases. Post may receive additional
information regarding the investigation and prosecution of
cases involving the sexual exploitation of children; post
will report SEPTEL.


9. The Ministry of Labor provided training to 30 new hires
in 2008, as well as providing 10 training sessions to its
existing inspectors and to prosecutors, judges and
magistrates to increase awareness on child labor issues. It
also contracted with NGO Casa Esperanza (House of Hope) to
receive training on child labor and trafficking of children.
The Ministry of Labor partnered with the ILO in 2008 to
develop an internal protocol to be used to train inspectors
and other government officials on child labor issues. A total
of USD 10,000 was budgeted to create and publish awareness
raising materials using the new protocol. (Note: Panama uses
the U.S. dollar as its currency. Though often referred to as
the Balboa, it is in fact the U.S. dollar.) The Ministry of
Labor is pushing for the President of Panama to sign an
executive decree to mandate the use of the protocol to train
officials in the social services and judicial sectors.

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Policies and Programs
--------------


10. Panama continued to implement its National Plan for the
Eradication of Child Labor and the Protection of Adolescent
Workers for 2007 to 2011. The program was administered
through CETIPPAT (Committee for the Eradication of Child
Labor and the Protection of Adolescent Workers),that was
established in 1999 by Executive Order No. 37. CETIPPAT was
responsible for formulating the GOP's child labor efforts,
and the Ministry of Labor was responsible for coordinating
the various government agencies. In April 2008, CETIPPAT
began its program for the prevention and eradication of child
labor in Panama's Panama and Colon provinces. (Note: Panama
refers to the Republic of Panama, the Province of Panama, and
the city of Panama.) This project was funded entirely from
the GOP general budget in the amount of USD 1.22 million.
Under the program, child workers and their families were
located and provided with a variety of scholarships, training
and social services in an effort to lower the likelihood of
the targeted child returning to the work force. In 2008,
2,500 children participated in the program and received
scholarships from the Institute for Human Resources, Capacity
Building and Vocational Training (IFAHRU),an independent
government agency with its own budget, overseen by the
executive branch. The National Institute of Art and Culture
(INAC) provided tutoring in the arts and cultural education.
PANDEPORTES (Panama Sports),a government organization that
promotes sports and physical education, provided children
with the opportunity to engage in sports and other
activities. The National Institute of Health assisted
children with medical problems. Where needed, the National
Institute of Vocational Training for Human Development
(INADEH) trained parents in low level job skills and
sustainability to help eradicate the need for children to be
working. The Ministry of Social Development provided
follow-up visits and reported ongoing progress and program
retention rates. The Ministry of Education provided
reporting on academic performance under the scholarships.
UNICEF will perform an evaluation of the program that will be
made publicly available in March, 2009.


11. The GOP also participated in three specific programs
funded by DOL and ILO to combat child labor in rural areas.
Starting in February, 2008 to continue for a period of 18
months, these programs included: the Direct Action Program
for the Eradication of Child Labor in Commercial Agriculture
in the Ngobe Bugle indigenous region (comarca),with a budget
of USD 129,966; the Direct Action Program for the Eradication
of Dangerous Child and Adolescent Labor in the Santiago
District, Veraguas Province, with a budget of USD 124,404;
and the Direct Action Program for the Eradication of
Dangerous Child and Adolescent Labor in the Chorrera
District, Panama Province, with a budget of USD 113,896.


12. The Ministry of Labor was engaged in 15 different
programs for the eradication of child labor and provided
training and direct outreach to institutions, children and
families in Panama City, San Miguelito, Chorrera, Santiago
and in the Ngobe Bugle and Kuna Yala indigenous regions. The
Ministry of Labor was granted USD 500,000 from the national
budget to be used to combat child labor in 2009. These funds
will be used in part to establish regional outreach offices
in 12 regions of the country, in order to more effectively
monitor and combat child labor throughout Panama. Overall,
it is estimated that the Ministry of Labor engaged in more
than 100 awareness initiatives and provided direct outreach
to more than 500 children, in the form of data collection and
education. In cooperation with the Ministry of Labor's
efforts, CETIPPAT provided education and awareness training
directly to families in which children were engaged in child
labor in eastern Panama, Panama City, Chorrera, San Miguelito
and Colon. The Ministry of Social Development also engaged
in outreach initiatives to various institutions and collected
data from children under specific programs to eradicate child
labor in the following sectors: fishing, agriculture, crafts,
car washing, supermarket bagging, garbage collection,
collection of bus fares and domestic labor. (Some of the
work referenced in this paragraph was performed under the
Direct Action programs funded by DOL, as referenced in
paragraph 11).


13. NGO Casa Esperanza, dedicated exclusively to combating
child labor and the trafficking of children, worked
extensively with the GOP in 2008 and helped to implement
programs on behalf of the Ministry of Social Development and
the Ministry of Labor. In 2008, Casa Esperanza employed 138
people and provided outreach to 5,000 working children in the
form of health, food, education and recreation programs. Of
the 5,000 children assisted in 2008, it is estimated that
1,782 stopped work entirely, while others are in the process
of transitioning out of the work force. Casa Esperanza had a
presence in 40 communities in the indigenous regions,
including tutoring centers in Chiriqui, Veraguas and other
areas. Casa Esperanza received USD 2.5 million in 2008 from
a variety of sources.


14. The Ministry of Social Development provided shelter and
other services to victims of commercial sexual exploitation,
including children, by using substitute families, its own
shelters and the shelter of NGO Hogar Malambo, which it
subsidized. The Ministry of Social Development provided
funding to 43 children's shelters operated by NGOs, in seven
provinces. Between January and August, these shelters housed
1,927 children for various reasons. The Ministry of Social
Development continued a program that used pamphlets in
schools to sensitize teachers, children and parents to the
maltreatment and sexual abuse of children.


15. Education is compulsory in Panama through the ninth
grade and from ages 6 to 14. By law, public education is
free through high school. In practice, children did not
always attend school due to traditional attitudes, financial
and economic constraints, lack of transportation and the
scarcity of secondary schools.


16. The current administration gave initial approval for the
formation and funding of a new, National Secretariat for
Children, Adolescents and Family. The National Secretariat
would be an autonomous government agency with separate
funding and was expected to be enacted into law under the
current administration. It was anticipated that the programs
currently being administered by CETIPPAT would be carried out
by the National Secretariat going forward, as CETIPPAT will
dissolve with the termination of current administration.

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Sectors and Work Activities
--------------


17. In October 2008, the Panamanian General Comptroller's
Office conducted the Second National Survey on Child Labor in
Panama. Official results of this survey are expected to be
made public in February of 2009. The last official data on
child labor in Panama was the First National Survey on Child
Labor, conducted in 2000. The survey reported that there are
47,976 children from the ages of 5 to 17 working in Panama,
14,991 in urban areas and 32,985 in rural areas. Government
agencies and NGOs reported that they expected to see an
increase in the numbers of child laborers in the 2008 report.
This expectation is due to the fact that the government was
now investigating and reporting more extensively on child
labor, especially previously undocumented cases in the
interior of the country. There was also a perceived increase
of children working as street hawkers in Panama City and of
children engaged in commercial fishing. According to a
separate survey of households performed by the National
Comptroller's Office in 2005, there was an increase of 5,000
working children. This increase in numbers was also expected
to be reflected in the 2008 report.


18. The majority of child labor in Panama was in rural areas
and in the agricultural sector, where children worked on
farms that produced coffee, melons, tomatoes, onions and, to
a lesser extent according to several reports, sugarcane.
Coffee harvesting was reported to have the highest incidence
of child labor of any sector and involved high numbers of
indigenous children. In general, the number of indigenous
child laborers was much higher than that of non-indigenous
children. Children also worked as domestic servants, mainly
girls in the interior of the country. New sectors were
reported to be using child labor in rural areas, including
skin diving and the extraction of copper and iron ore.
According to documentation provided by CETIPPAT, of the urban
child laborers in Panama City and San Miguelito, 40 percent
were baggers in supermarkets; 11.8 percent were collectors of
some kind; 10.7 percent were street vendors; 9.2 percent
worked on buses; 6.4 percent were vendors working at fixed
locations; 4.7 percent were shoe shiners and window washers;
3.3 percent were loaders; and the remaining 8.9 percent
worked in other service sector areas, such as shoemaking,
hair styling, manicuring and painting. Recently, a worst form
of child labor was reported involving children that lived
near urban garbage dumps and engaged in collecting various
materials for resale and recycling. The majority of children
engaged in this work were from the Kuna indigenous group.
NGO Casa Esperanza made substantial progress eliminating this
problem in 2008 by working in partnership with the sanitation
companies to limit public access to dumping areas.


STEPHENSON