Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Panama

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1958)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1966)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2024. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy on equality of opportunity and treatment. Race, colour and national extraction. The Committee notes the information provided by the Government in its report, according to which: (1) the National Plan for the Development of Afro-Panamanians 2022–2030 is the main tool for promoting the inclusion of Afro-descendant peoples in Panama; (2) Act No. 379 of 26 May 2023 established the National Secretariat for Policies and Development for Afro-Panamanians, which is responsible for steering and implementing social inclusion policies; (3) the Ministry of Education has established preventive measures to avoid discrimination or distinction on ethnic and cultural grounds in state and private educational centres in the country; (4) the “2020 Decade Census: XII National Population Census and VIII Housing Census” (2023) revealed that 31.7 per cent of the population self-identified as Afro-descendant, of which 49.9 per cent were women; and (5) in December 2022, an awareness-raising and education programme for the prevention of ethnic and racial discrimination in the public sector was implemented, from which 15,553 public servants benefited between January and August 2023. The Committee welcomes the measures adopted and requests the Government to provide information on the impact of those measures on access to training, employment and occupation for Afro-Panamanian peoples, with a particular emphasis on women.

Articles 1 to 3. National policy on equality of opportunity and treatment. Disability. The Committee notes the Government’s indications that: (1) between 2022 and 2023, 433 persons with disabilities participated in training courses provided by the National Vocational Training and Skills Institute for Human Development (INADEH), primarily in the areas of information technology, handicrafts, carpentry and upholstery, farming and human development; (2) between 2019 and 2024, the General Directorate of the National Disability Secretariat (SENADIS) held 125 training days on the rights of persons with disabilities, in which 4,473 persons participated; and (3) between 2019 and 2024, the number of inclusive educational centres, and special education teachers and specialists in learning difficulties increased by 23 per cent and 38.65 per cent, respectively. The Committee takes due note of this information and requests the Government to report on the results achieved in follow-up to the training and awareness-raising activities on the labour inclusion of persons with disabilities.

Articles 1 to 3. National policy on equality of opportunity and treatment. Sex. National policy on gender equality. The Committee notes the various measures implemented by the Government, including: (1) the creation of the Ministry for Women, by means of Act No. 375 of 8 March 2023; (2) the launch of the process to evaluate the Action Plan on Equal Opportunities for Women (PPIOM) 2016–19; and (3) the submission to the National Assembly of the Bill “creating the National Care System of Panama”. The Committee also observes that the Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the Government “address the unemployment rate among women through temporary special measures that encourage, promote and facilitate women’s access to formal employment across all sectors of the economy, especially for those from marginalized groups” (CEDAW/C/PAN/CO/8, para. 36, 1 March 2022). The Committee requests the Government to provide information on the impact of the creation of the Ministry for Women on the employment and occupation of women, and on the outcome of the evaluation of the Action Plan on Equal Opportunities for Women (PPIOM) 2016–19. The Committee also requests the Government to continue to provide information on the measures adopted to promote a more equal distribution between women and men in all areas of vocational training, and on the impact of those measures on access to, retention in, and progression within employment.

Sexual harassment. The Government indicates that: (1) between 2023 and 2024, two complaints of sexual harassment were processed (one of which is pending resolution and the other in which fault was found); (2) between 2016 and 2023, four persons were prosecuted for offences of sexual harassment and harassment (in three cases, there was a conditional suspension of proceedings, and one person was convicted); and (3) no cases of discrimination based on sex were filed with the labour courts. The Committee once again requests the Government to provide information on the application of section 6(2) of Act No. 7 of 14 February 2018, which provides for the establishment of an adequate and effective internal complaints and resolution procedure, to enable the filing of complaints of harassment, sexual or moral harassment, racism and sexism, and on the handling of complaints filed through this procedure. It also requests the Government to continue to provide information on the number of cases identified by the labour inspectorate or filed before the judicial authorities, and on the outcome of those cases, the sanctions imposed and the remedies granted.

Occupational segregation. The Committee notes the Government’s indications that: (1) training was provided to women in various trades and occupations through the Mujer Cambia Tu Vida (“Women, change your life”) programme and the activities conducted by INADEH, particularly in areas such as dressmaking, textiles, handicrafts, beauty, cosmetology and business management, although to a lesser extent in sectors traditionally dominated by men, such as transport, heavy machinery operation, dock work, auto mechanics, maritime work and civil construction; (2) women are under-represented in occupations such as agricultural, forestry and fishery workers, hunters, stationary plant and machine operators, and mobile plant assemblers, drivers and operators; and (3) in occupations such as managers, professionals, technicians and associate professionals, women outnumber men and have a higher level of education in several of these categories, but earn lower or barely equivalent average monthly incomes. The Committee notes the observations by CONUSI, which point to the worsening occupational segregation of women workers due to the lack of effective measures implemented by the Government. The Committee requests the Government to provide information on any progress achieved in addressing horizontal and vertical occupational gender segregation – including through the Mujer Cambia Tu Vida (“Women, change your life”) programme and the activities conducted by INADEH – with the aim of addressing the underlying causes of this segregation and remedying them in an appropriate and sustainable manner, in particular with regard to facilitating women’s access to full-time work and permanent employment.

Access to education and vocational training for women from groups that are vulnerable to discrimination. The Committee notes the information provided by the Government on various initiatives aimed at improving access to education and vocational training for vulnerable women. In particular, the Committee notes the information on the number of women who benefited from literacy programmes (Muévete por Panamá – “Move for Panama”), especially in rural and indigenous areas (1,516 women from localities (comarcas)), and from labour integration projects under the Public policy on the employability and labour market integration of young women and women in situations of socio-economic vulnerability in Panama (PEIM). The Committee also notes the Government’s indications that school drop-out rates among indigenous girls decreased at the primary and pre-secondary education levels, but persist at the secondary education level, and that a Bill on preventing school dropouts and exclusion from education, and on promoting the reintegration of students into the system, has been submitted to Congress. The Government also indicates, with regard to the integration of indigenous students, that several strategies have been established, such as the Conéctate con la Estrella (“Connect with the stars”) project and the Ari Taen Jadenkä programme, and that the Autonomous University of Indigenous Peoples was created. The Committee welcomes the measures adopted by the Government and requests it to continue to provide information on the impact of those measures, such as the evolution of literacy rates in the groups concerned, and the rates of effective access to employment following the provision of training.

Temporary contracts. The Committee notes the observations by CONUSI, which indicate that: (1) the Ministry of Labour has no policy to prevent temporary employment contracts from being used as an element of discrimination in employment against pregnant women; and (2) there is currently no information or data on any administrative procedure to fine enterprises that violate the agreement on non-discrimination against pregnant women workers. The Committee requests the Government to provide its observations in this respect.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee welcomes the measures adopted by the Government, including the implementation of the “Label for Gender Equality in Private Enterprises” and “Label for Gender Equality in the Public Sector” programmes, aimed at reducing gender pay gaps in the public and private sectors, and the adoption of the Strategic Plan 2019–24 to combat poverty and inequality through comprehensive actions on pay gaps. The Committee also notes with interest the information contained in ILO Technical Report No. 51 for the Southern Cone (2025), according to which the factor-weighted gender pay gap based on monthly income (average) was 18 per cent in 2023, placing Panama among the top three countries in the region that achieved the greatest reduction in the gender pay gap between 2010 and 2023. The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment for men and women in employment and occupation, and particularly to issues concerning access to employment and occupational segregation. The Committee refers in, this regard, to its comments on Convention No. 111. The Committee requests the Government to continue to provide information on the measures adopted and on their impact on the reduction of the gender pay gap.

Articles 1 and 2. Principle of equal remuneration for men and women for work of equal value. Legislation. The Committee notes the Government’s indications in its report that the National Constitution establishes that “an equal salary or wage shall be paid for work carried out in the same conditions”, which also covers the principle of work of equal value. The Committee also notes the Government’s indications that: (1) Bill No. 615, which recognizes equal pay for women in the private and public sectors, is currently undergoing public consultation in the National Assembly of Deputies; and (2) it plans to avail itself of ILO technical assistance to address, in the legislation in question, the definition of the principle enshrined in the Convention. The Committee welcomes these initiatives and requests the Government to provide information on any developments in this respect.

Articles 1 to 3. Application of the principle of equal remuneration. Minimum wage. The Government provides information on various measures concerning the minimum wage policy, including Executive Decree No. 1 of 10 January 2024, which sets the new minimum wage rates currently in force throughout the national territory, and which has contributed, according to the Government, to minimizing wage disparities by region. The Committee notes the observations by CONUSI, according to which the Government does not provide any data or policy outcomes that could demonstrate how gender bias is prevented in the minimum wage-setting machinery. The Committee once again requests the Government to provide information on the measures envisaged or adopted to ensure that the setting of minimum wages is free from gender bias, so as to guarantee that the principle enshrined by the Convention is fully applied when fixing minimum wage rates.

Collective agreements. The Committee notes the measures implemented by the Government, including a campaign on equal pay entitled Igual Trabajo – Igual Salario (“Equal work – Equal pay”) and the label Yo Si Cumplo (“I comply”) by the Ministry of Labour and Workforce Development (MITRADEL), which certify the recognition of good labour practices among employers and workers, and compliance with the labour principles and legislation contained in the Constitution, codes, decrees and agreements, including the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on any collective agreement that includes provisions aimed at ensuring equal remuneration for work of equal value.

Conventions Nos 100 and 111 – Application in practice

Impact of the COVID-19 pandemic. The Committee notes the information provided by the Government on the percentage of men and women whose contracts were suspended during the COVID-19 pandemic, the economic activities most affected by this suspension of contracts, and the job terminations and reintegration rates following the pandemic, including the percentage of men and women who were dismissed. The Committee notes this information, which addresses its previous request.

Labour inspectorate. The Committee welcomes the efforts undertaken by the Government, in collaboration with the ILO, to build the capacities of inspection staff through the use of the Manual and Guide for Labour Inspections with a Gender Focus (2023). In particular, the Committee notes that this document includes: (1) a section on wage gaps, including a question in the interviews with employers on the criteria used to set wages in different jobs; and (2) a section on discrimination in the allocation of remuneration-related incentives. The Committee requests the Government to provide information on the number of cases of discrimination in remuneration on the grounds of sex that have been detected by the labour inspectorate, the penalties imposed and the remedies granted.