Violence and Harassment Convention, 2019 (No. 190) - Panama (Ratification: 2022)

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

The Committee notes the Government’s first report.

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2024, on the application of the Convention and, in particular, on the need to train labour inspectors, labour judges and magistrates on violence and harassment at work. The Committee requests the Government to provide its comments in this respect.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes that, according to the Government’s report, various regulatory provisions define or prohibit forms of violence and harassment in the world of work, in particular: (1) Act No. 7 of 2018, which adopts measures to prevent, prohibit and punish discriminatory acts and lays down other provisions (applicable to both the public and private sectors under section 4), defines harassment, sexual harassment and psychological harassment as any “systematic, continuous or repeated action or omission in which a person insinuates, invites, requests, pursues, limits or restricts rights, diminishes freedom, acts rudely with insults or humiliates others for the purpose of obtaining sexual gratification or affecting the dignity of the other person. In the workplace, this includes, but is not limited to, exploitation, denying the victim equal employment opportunities, not applying the same selection criteria, not respecting their tenure or general working conditions or discrediting their work” (section 3); (2) Executive Decree No. 696 of 2018, which adopts the consolidated text of Act No. 9 of 1994, establishing and regulating the civil service, defines both harassment at work and sexual harassment (section 2). Similarly, Executive Decree No. 53 of 2002, which regulates the Act, considers psychological harassment and sexual harassment to be discrimination against women at work (section 38); (3) the Labour Code prohibits sexual harassment by both employees and employers (sections 127, 138, 213.2, 213.3 and 213.5) and requires employers to “treat employees with due consideration and refrain from mistreating them in word or deed and from committing acts against them that could affect their dignity” (section 128.6); and (4) the Criminal Code criminalizes conduct that could constitute violence and harassment in the world of work, such as homicide, rape and personal injury (sections 131, 136 and 174). Similarly, the Committee notes that: (1) Act No. 4 of 1999, which establishes equal opportunities for women, defines gender-based violence as: “ways that perpetuate the dichotomy between women and men and ensure the inferiority of one gender to the other (...)” (section 3); and (2) Act No. 82 of 2013, which adopts preventive measures against violence against women and reforms the Criminal Code to criminalize femicide and punish acts of violence against women, defines violence against women as “any discriminatory action, omission or practice, based on belonging to the female sex, in the public or private sphere, which places women at a disadvantage with respect to men, causes them death, physical, sexual, psychological, economic or property-related harm or suffering, as well as threats of such acts, coercion or arbitrary deprivation of liberty, including those perpetrated by the State or its agents” (section 3). The Committee requests the Government to clarify, in the framework of Act No. 7 of 2018, the scope and relationship between the concepts of “harassment”, “sexual harassment” and “psychological harassment”, providing examples of their interpretation in national judicial or administrative bodies, and indicating whether threats are considered manifestations of violence and harassment. The Committee also requests the Government to report whether the laws or regulations provide that violence and harassment – including gender-based violence and harassment – that aim to cause, cause, or are likely to cause physical, psychological, sexual or economic harm may manifest themselves in a single act.

Articles 2 and 3. Scope of application. The Committee notes the Government’s indication that: (1) employees, other persons working irrespective of their contractual status, persons in training, workers whose employment has been terminated, volunteers and individuals exercising the authority, duties or responsibilities of an employer are covered by general provisions, such as the Criminal Code, the Labour Code and Acts Nos 82 of 2013 and 7 of 2018; (2) these provisions are applicable both to the private sector of the formal and informal economy, whether in urban or rural areas, and to the public sector, to which Executive Decree No. 696 (section 1) and Act No. 19 of 1997, which organizes the Panama Canal Authority (section 2), together with its regulations, are also applicable; and (3) the Labour Code expressly covers acts of violence, threats or insults committed by workers while at work or outside the workplace (section 213.2 and 213.3) and sexual harassment, immoral or criminal conduct by workers during the provision of services (section 213.15). The Committee requests the Government to report on how the national laws or regulations cover the provisions of Article 3(b), (c), (d), (e) and (f) of the Convention.

Article 4. Inclusive, integrated and gender-responsive approach. The Committee notes the information provided by the Government, indicating that various legal provisions and instruments address the prevention and elimination of violence and harassment in the world of work, as well as protective measures and dispute resolution mechanisms. The Committee observes that the Government reports that specific responsibilities are assigned to various state entities, such as the Ministry of Labour and Labour Development (MITRADEL), the Ministry of Social Development, the National Institute for Women and the Office of the Ombudsman. The Committee also notes that Act No. 82 of 2013 establishes the National Committee against Violence against Women, with a mandate to coordinate inter-institutional efforts, policies, services and actions to prevent, address, punish and eliminate violence against women, which is tasked with advising, monitoring and overseeing public policies in this area. The Committee, while noting the various institutions which aim to ensure compliance with the provisions for the elimination of violence and harassment in the world of work, requests the Government to report on: (i) the coordination mechanisms between the competent entities mentioned; (ii) the measures taken that take into account violence and harassment involving third parties, where applicable; and (iii) whether these policies and measures have been taken in consultation with representative employers’ and workers’ organizations.

Article 8. Appropriate preventive measures. The Committee notes the Government’s indication that workers in the informal economy are covered by the Criminal Code and generally applicable laws, as well as by the provisions of the Labour Code when they work in conditions of dependency and subordination and following the declaration of the existence of an employment relationship by the competent authority. The Committee requests the Government to provide information on: (i) the consideration of specific measures taken to prevent violence and harassment at work in the informal economy, including raising awareness, guidance, access to complaint and protection mechanisms, as well as the roles assigned to public authorities in this regard; and (ii) the measures taken, in consultation with employers’ and workers’ organizations, to identify the sectors, occupations and work arrangements with the highest risk of exposure to violence and harassment.

Article 9(a). Workplace policy. The Government indicates that: (1) section 6 of Act No. 7 of 2018 establishes the responsibility of all employers, public institutions and educational centres to “establish an internal policy that prevents, avoids, discourages and punishes harassment, sexual and psychological harassment, racism and sexism”; and (2) in 2019, MITRADEL developed the “Protocol for identifying, preventing and addressing gender-based violence in the workplace” (the “Protocol”), which provides guidance and includes, inter alia, a statement of principles, the creation of a programme and a committee for the prevention of gender-based violence, dissemination initiatives, information for creating a culture of zero tolerance for gender-based violence and a procedure for investigating and addressing cases. The Committee requests the Government to report on the application of section 6 of Act No. 7 of 2018 and any available information on the implementation of the Protocol.

Article 9(b) and (c). Violence and harassment in the management of occupational safety and health. The Committee notes the Government’s indication that it does not have any information on national provisions requiring employers to address violence and harassment in the management of occupational safety and health. The Committee notes that section 7 of Act No. 18 of 2018 provides that: “professional associations shall establish prevention policies and disciplinary procedures for harassment, sexual harassment and psychological harassment”. The Committee requests the Government to report on the practical application of this provision and any other measures envisaged or taken to comply with the provisions of Article 9(b) and (c) of the Convention.

Article 9(d). Information and training. The Committee notes the information provided by the Government, according to which, under section 6 of Act No. 7 of 2018, as part of their internal policy, all employers must implement advisory, guidance and awareness-raising programmes on the prohibition of the conduct covered by the Act. Moreover, the enterprise committee for the prevention of gender-based violence provided for in the Protocol shall be responsible for creating awareness-raising and training initiatives for the entire enterprise and even the community, on a scheduled and regular basis. The Committee requests the Government to provide any available information on the practical application of these provisions.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Government refers to: (1) the obligation of employers, public institutions and educational establishments to establish adequate internal procedures for receiving and resolving complaints related to harassment, sexual harassment and psychological harassment (section 6 of Act No. 7 of 2018, section 128.28 of the Labour Code and section 67 of Act No. 82) and the publication of the Protocol as a guide for enterprises in this regard; (2) the handling by the general labour inspectorate of complaints lodged with the Citizen Service Centre (311); (3) the individual conciliation procedure before MITRADEL, and the procedure for fines for violations before the Judicial Secretariat; (4) the Office of the Ombudsman may intervene in cases where a human rights violation is alleged, offering guidance and support (section 4 of Act No. 7 of 1997); (5) that Act No. 7 of 2018 provides that anyone who has filed a complaint for any of the conduct described in the Act, has appeared as a witness or has intervened in the case in any way (section 14) shall not suffer any prejudice in their employment or studies, and also provides, as a protective measure, for the transfer of the alleged aggressor or the victim for the duration of the investigation into cases of harassment, sexual harassment and psychological harassment, at the request of the victim (section 12); and (6) the jurisdiction of the labour, civil and criminal courts, depending on the case.

Furthermore, the Committee notes that: (1) Act No. 82 requires private enterprises and public institutions to establish a disciplinary complaint procedure for any type of violence against women covered by the Act, while guaranteeing women victims of violence the right to comprehensive healthcare, free and immediate legal counselling and assistance, as well as information on available services and compensation when such care entails costs (sections 14 and 67); (2) Act No. 202 of 2021, which adds para. 20 to section 14 of Act No. 82, grants female workers who are victims of violence the right to paid leave from work to receive treatment or attend legal proceedings, without affecting their labour rights. Lastly, the Committee notes that section 17 of Act No. 7 of 2018 establishes that “anyone who falsely reports any conduct punishable under this Act shall be guilty simulating a punishable act in accordance with the provisions of Chapter I of Title XII, Crimes against the Administration of Justice, of Book Two of the Criminal Code”. The Committee requests the Government to provide information on the practical application of the aforementioned provisions.

Easy access to appropriate and effective remedies. The Committee notes the information provided by the Government, according to which: (1) section 10 of Act No. 7 of 2018 provides for the victim’s right to the payment of lost wages, compensation and legal expenses, a declaration of unfair dismissal or termination of employment with the right to the corresponding compensation, cessation of the negative consequences of the denied employment or study opportunities, and, for civil servants, transfer; (2) the Special Reparations Fund provides immediate medical and financial assistance, whether partial, full or supplementary, to victims who have suffered bodily injuries that impair their physical and mental health as a result of serious offences, or when the person responsible for the victim has died, or when the victim has been left physically or mentally incapacitated as a result of the offence; and (3) the Civil Code provides for civil liability for damages, establishing the obligation to compensate for losses caused by fault or negligence, which is applicable in cases of violence or harassment when they cause material or psychological harm (sections 1644 et seq.). The Committee requests the Government to provide information on the practical application of the provisions, including: (i) the number and type of cases related to violence and harassment that have been brought before the judicial or administrative authorities, and their outcomes; (ii) the number of cases in which reparation measures have been ordered or granted under Act No. 7 of 2018 and the Labour Code; and (iii) the use of the Special Reparations Fund in cases related to violence or harassment at work.

Article 10(g). Right of removal from a work situation and duty to inform management. The Committee notes the information provided by the Government, according to which section 8 of the General Regulations on Occupational Risk Prevention establishes that workers have the right to “withdraw from any danger arising from work processes, if there is a proven serious occupational risk that could affect their safety or health, and must report it without delay to their supervisor so that appropriate safety measures may be taken’. In the light of the above, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that all workers have the right to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life, health or safety, without suffering retaliation or other undue consequences. It also requests information on the practical application of section 8 of the General Regulations on Occupational Risk Prevention in relation to cases of violence and harassment.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee observes that section 5 of Act No. 7 of 2018 entrusts various state institutions with the adoption of strategies to promote changes in policies and procedures aimed at responding to the needs of victims of harassment, sexual harassment and psychological harassment. It also notes that the Government reports the establishment of the National Occupational Safety and Health Council (2023), a tripartite body responsible for promoting safe work environments. The Government further reports that no specific measures on migration policies have been identified, nor have systematic consultations been held with representative organizations to address this issue. The Committee requests the Government to provide information on: (i) the application of section 5 of Act No. 7 of 2018 in relation to its impact on the development of public policies for the prevention and elimination of violence and harassment in the world of work; (ii) the measures envisaged or taken by the National Occupational Safety and Health Council specifically in this area; and (iii) any other relevant public policy, together with the measures taken to ensure the effective participation of the social partners in its design and implementation.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee notes that: (1) the National Institute of Vocational Training and Human Development (INADEH) includes in its strategic plan for 2021–25 a specific guideline to promote an environment free from harassment at work and sexual harassment, as well as non-discrimination on the basis of sex or gender, both in vocational training and in the workplace; (2) Act No. 82 requires the State to implement continuing education programmes, at least once a year, for government and non-governmental offices, with an emphasis on personnel in the justice system, health system and security forces, with a view to ensuring adequate prevention, protection and care for women victims of violence; (3) in its observations, CONUSI points out that although the Government has carried out awareness-raising campaigns for employers, workers and the general public, training on this issue is still needed for labour inspectors, labour judges and magistrates; and (4) the United Nations Human Rights Committee stated that the Government should continue its efforts to train judicial, police and forensic medicine personnel on women’s rights and gender-based violence (CCPR/C/PAN/CO/4, para. 18, 23 April 2023). The Committee requests the Government to provide information on: (i) the coverage and scope of training and awareness-raising activities; and (ii) the impact assessment mechanisms applied.