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Comments adopted by the CEACR: Panama

Adopted by the CEACR in 2021

C107 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, and the Government’s reply to them.
Prospects for the ratification of the most up-to-date instrument: the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In its previous comments, the Committee noted that the Government was analysing the possibility of ratifying Convention No. 169. The Committee notes the Government’s indication in its report that: (1) it has always been very careful when taking decisions on the ratification of ILO instruments and that, before proceeding to the ratification of a Convention, it is first necessary to adopt the necessary measures to harmonize national law and practice with its provisions; (2) the existence of significant incompatibilities has been noted between Convention No. 169, the Constitutional provisions and the national legislation and accordingly the Government has considered it prudent for now not to ratify the Convention; and (3) the Government evaluated the possibility of ratifying Convention No. 169 at the appropriate time, but in view of the above, the scope and responsibilities deriving from the Convention, was cautious in taking a definitive decision in this respect. The Committee notes the indication by CONUSI that the subject of the ratification of Convention No. 169 cannot be put off any longer and that the Tripartite Social Dialogue Commission established in 2012 had accepted the decision to address the approval of the Convention. On this point, the Government indicates that, at that time, the Ministry of Labour and Labour Development did not agree with the ratification of Convention No. 169, tried to deal with the situation in a positive manner while expressing its reservations in relation to the ratification of that Convention for the above-mentioned reasons. While noting all the above information, the Committee trusts that, giving effect to the decision of the ILO Governing Body (328th Session, October-November 2016, GB.328/LILS/2/1), the Government will continue to consider the possibility of ratifying Convention No. 169, considered by the Governing Body to be the most up-to-date instrument on the subject. The Committee recalls the importance of tripartite dialogue as well as dialogue with indigenous peoples on this subject. Finally, the Committee recalls that the Government can have recourse to ILO technical assistance, including with a view to collaborating in seeking measures that could be adopted to overcome the incompatibilities referred to above.
Articles 2(2)(b) and 6 of the Convention. Improvement of living conditions. In its previous comments, the Committee noted that the highest percentage of people living in multidimensional poverty is in indigenous comarcas and encouraged the Government to continue taking measures to improve the living conditions of the peoples covered by the Convention. The Committee notes the extensive statistical data provided by the Government on the socio-economic situation of indigenous peoples. According to the Report on Poverty and Indigence by Income (2019), 55.8 per cent of persons in the Guna Yala comarca and 66.9 per cent of those in the Ngäbe Buglé comarca were living in extreme poverty in 2019. According to the gender-focussed Social Progress Index for Panama (2019), the percentage of indigenous persons aged 18 years and over who had not completed secondary education or had not completed any educational level in 2019 was 80.77 per cent. The Committee notes the Government’s indication that the multidimensional poverty suffered by indigenous peoples has been considered in the Government’s Strategic Plan for the period 2019-24 and that, on this basis, priority measures and action have been identified, including: the strengthening of the Department of Indigenous Affairs; consultation and agreement on plans at the level of regions and comarcas with a view to improving the living and health conditions of indigenous peoples; programmes of micro-credit and the promotion of sustainable agriculture and agricultural tourism; the improvement of communication routes in comarcas and literacy programmes. The Committee also notes the information on the collaboration between the Government and the private sector to promote entrepreneurship in indigenous communities, for example through the Colmena Plan which, through investment in sustainable projects, is seeking to reduce the conditions of social and economic vulnerability of the 300 poorest districts in the country. The Committee welcomes the availability of updated statistics on the situation of indigenous peoples, which are an essential tool for the effective definition and orientation of policies for indigenous peoples, and encourages the Government to continue its efforts to improve the socio-economic conditions of people living in indigenous comarcas. In this regard, the Committee requests the Government to provide information on the progress made in the various actions envisaged to improve the socio-economic situation of persons living in indigenous comarcas, and in particular the Ngäbe Buglé comarca.
Article 5. Environmental consultations. In its previous comments, the Committee noted the General Act on the Environment (Act No. 41) of 1998, which provides that studies for the exploration, exploitation and use of the natural resources that are authorized in lands occupied by indigenous comarcas or peoples shall not be detrimental to the cultural, social and economic integrity and spiritual values of these peoples (section 95); and that where projects are developed in the territories of indigenous communities, consultation processes shall be held with a view to reaching agreements with the representatives of such communities and obtaining compensatory benefits (section 98). It also noted Act No. 37 of 2016, which establishes the requirement to consult indigenous peoples on measures which may affect their collective rights, including development projects. In this regard, the Committee requested the Government to provide information on the manner in which such consultations are held, and on the manner in which indigenous peoples participate in the preparation of environmental impact studies for projects that may affect their rights.
The Committee notes that the Government refers to Executive Decree No. 123 of 14 August 2009 which, in section 12, requires promotors of activities, works and/or projects to guarantee the participation of civil society, including indigenous peoples, in the process of the preparation and evaluation of the environmental impact study for their project, work or activity. The Government also refers to Act No. 11 of March 2012 establishing a special system for the protection of mineral, hydrological and environmental resources in the Ngäbe Buglé comarca (the largest comarca in the territory), section 6 of which provides that hydro-electric projects that are to be located wholly or partially within that territory shall obtain the approval of the respective congresses (general, regional or local) and shall then be submitted to a referendum in the respective comarca, region or local area. The Government specifies that the Ministry of the Environment makes it compulsory for promotors of activities, works or projects for which it is required to submit the environmental impact study which are located in indigenous lands, to present the authorization issued by the highest traditional authority in that territory. The Committee also notes the Government’s indication that consultations have been held with the traditional authorities of the 12 indigenous peoples of Panama which have resulted in various agreed decisions, including a decision in support of the strengthening of the legal framework for the regulation of Act No. 37 of 2016. The Committee notes the various legislative provisions which envisage the participation of indigenous peoples in relation to projects that may affect their collective rights and requests the Government to continue providing information on the application in practice of these provisions, and particularly section 12 of Executive Decree No. 123 of 14 August 2009 and section 6 of Act No. 11 of March 2012. The Committee also requests the Government to continue providing examples of the consultations held with indigenous peoples within the framework of Act No. 37 of 2016 and on the agreements reached, as well as information on progress in issuing regulations under Act No. 37 of 2016.
Article 11. Disputes concerning lands. For several years, the Committee has been noting the allegations of intrusions into the collective lands of the Kuna de Madungandí and Emberá de Alto Bayano peoples, as well as the action taken by the Government to bring together the parties involved in the land disputes with a view to finding a solution, and it has requested the Government to provide information on the outcome of these actions. The Committee notes that the Department of Indigenous Affairs has been following up the process of resolving land disputes between rural workers and members of the Kuna de Madungandí comarca. It also notes the creation of a high-level commission which decided to undertake inspections in the areas of Tortí Medio and Tortí Abajo. The findings of the inspection show that there are 31 informal dwellings in the Kuna collective territory which, according to the Government, will be removed. With regard to the territory of the Emberá de Alto Bayano community, CONUSI indicates that the process of the delivery of title to the collective lands of Alto Bayano to the Piriatí Emberá community is still pending. In this regard, the Committee notes the Government’s indication that there is a property in the name of an individual in the Piriatí Emberá community, which has to be annulled in order to proceed with the public registration of the collective ownership to the lands of the Alto Bayano. The Committee takes due note that the Government has held meetings with the National Lands Authority and the National Geographical Institute with a view to developing a methodology for the use of technological means to verify the borders of comarcas and indigenous lands that are subject to dispute as a means of resolving disputes concerning lands. The Committee encourages the Government to continue its efforts to find a solution without delay to the disputes concerning lands involving the Kuna de Madungandí and Emberá de Alto Bayano peoples and requests it to provide information on any progress achieved in this regard.
Article 12. Removal of populations. Climate change. In its previous comment, the Committee noted that the Government was envisaging the sustainable removal of 1,500 persons belonging to the Guna Yala comarca in the San Blas archipelago, who are faced with rising sea levels as a result of climate change. The Committee notes the Government’s indication that, in the context of its third national communication of 2018 under the United Nations Framework Convention on Climate Change, a climate vulnerability study was undertaken in the Guna Yala comarca, which raised the issue of the relocation of those populations as an adaptation measure. The Committee notes that, according to the CONUSI, there is no information on the implementation of the sustainable removals, nor on the measures adopted to ensure that the communities to be removed benefit from lands that are at least equal to those that they previously occupied. The Committee also notes Executive Decree No. 125 of 2 March 2021, which establishes an Indigenous Peoples Environment Office. It notes with interest that the objective of this Office is to advise on compliance with the plans and projects established in environmental policies, in coordination with the Department of Indigenous Affairs and the traditional authorities of indigenous peoples, and that it has facilities to provide advice on the measures to be taken so that indigenous peoples who have to be removed in exceptional circumstances can obtain lands of equal or better quality. The Committee, taking into account the situation of vulnerability of the inhabitants of the Guna Yala comarca, whose lands are threatened by the imminent rise in sea levels, encourages the Government to take the appropriate measures to protect the physical safety of these inhabitants. In this regard, the Committee requests the Government to provide information on the measures adopted with a view to ensuring that the communities that have to be removed can be relocated on lands of quality at least equal to those that they previously occupied and which enable them to provide for their needs, with an indication of the number of members of the Guna Yala comarca who have been removed. Finally, the Committee requests the Government to provide information on the activities undertaken by the Indigenous Peoples Environment Office and the manner in which coordination with the Department of Indigenous Affairs and with the traditional authorities of indigenous peoples is ensured in this regard.
Article 15. Recruitment and conditions of employment. In its previous comments, the Committee encouraged the Government to take measures to promote decent work for the peoples covered by the Convention, and particularly indigenous women. In this regard, the Committee notes the detailed information on the various measures adopted by the Ministry of Labour and Employment Development, together with the National Institute for Women and the Vocational Training and Human Skills Development Institute to promote the labour market integration and entrepreneurship of indigenous women of the Ngäbe Buglé and Emberá Wounaan communities. The Committee also notes the reference by the CONUSI to the second report on the labour situation in Panama in 2019, according to which the hourly wages of indigenous dependent workers in Panama are 47 per cent lower than those of non-indigenous dependent workers. The CONUSI adds that, according to the labour market survey (2019), the informality and precarious work indices in 2019 were higher than 80 per cent in the Kuna Yala, Emberá and Ngäbe Buglé comarcas. The Committee welcomes the measures adopted by the Government to promote the labour market integration of indigenous women and invites it to continue providing information on this subject, as well as on the impact of the measures. The Committee also requests the Government to provide information on the measures adopted with a view to resolving the wage gap between indigenous workers and other workers, and to preventing any type of discrimination in employment. Finally, the Committee requests the Government to provide updated statistics on the labour situation of indigenous peoples, where possible disaggregated by gender.
Article 20. Health. The Committee notes that the National Council for the Comprehensive Development of Indigenous Peoples (CNDIPI) adopted Decision No. 1 of 5 June 2020 to include the approval of the Plan of Action for the Prevention and Control of COVID-19 in indigenous comarcas and collective lands among the activities implemented within the framework of the PDIPIP. In accordance with this Decision, traditional medicine has to be recognized when purchasing medical equipment and supplies to prevent and control COVID-19. It also provides that the Ministry of Health shall create an office within its regional services to cover indigenous territories and coordinate with the Department of Indigenous Affairs and the traditional authorities to monitor levels of infection in indigenous territories. The Committee welcomes the adoption of measures to prevent and control the spread of COVID-19 which recognize the value of indigenous traditional medicine and it encourages the Government to provide information on the manner in which the Ministry of Health, the Department of Indigenous Affairs and the traditional authorities undertake coordinated action to strengthen the health systems in indigenous communities.
Articles 21 to 26. Education. In its previous comments, the Committee welcomed the measures taken by the Government to promote intercultural bilingual education. The Committee notes the Government’s indication that, through the National Directorate for Intercultural Bilingual Education, educational programmes and materials have been developed focussing on indigenous identity and translated into the languages of the communities. Teachers have also been trained who are being sent to work in indigenous communities. The Committee also notes the measures taken to prevent and eradicate child labour, which include the provision of education grants and food services. In 2019 and 2020, there were 793 beneficiaries of these measures in the Kuna Yala, Emberá and Ngäbe Buglé indigenous comarcas. The Committee encourages the Government to continue its efforts with a view to ensuring that indigenous peoples have the opportunity to acquire education on an equal footing with the rest of society. In this regard, the Committee requests the Government to provide updated data on the school enrolment and completion rates of boys, girls and young persons belonging to indigenous comarcas.

C107 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, as well as the Government’s reply to them.
Articles 2 and 5(b) of the Convention. Coordinated and systematic programmes. Participation of indigenous peoples. In its previous comments, the Committee noted the adoption of the Plan for the Comprehensive Development of the Indigenous Peoples of Panama (PDIPIP), formulated with the participation of the representatives of the various indigenous peoples of the country, as well as the support project for the implementation of the PDIPIP. In this regard, the Committee requested the Government to provide information on the results achieved through its implementation. The Committee also noted the establishment of the National Council for the Comprehensive Development of Indigenous Peoples (CNDIPI) as an advisory body on public policies targeting indigenous peoples.
The Committee notes the Government’s indication in its report that the PDIPIP seeks in the short term to respond to the urgent needs in terms of infrastructure and installations given priority by indigenous communities in the fields of health, education, water and sanitation. In the medium term, the Plan will contribute to the design and implementation of programmes to improve the quality and cultural relevance of these services, and in the long term to transforming the capacity of the Government and indigenous authorities to plan and invest in their territories. The execution of the PDIPIP is under the responsibility of several Ministries, which shall have the authorization of the traditional authorities and have to work in coordination with them. Five of the seven indigenous peoples in the country have defined their own plans of action through consultations involving indigenous women. The Committee takes due note of the activities and results achieved within the framework of the support project for the implementation of the PDIPIP between 2018 and 2020, and the information on the active participation of indigenous peoples in its execution and evaluation. It also notes the establishment of the Multisectoral Technical Working Group in the Department of Indigenous Affairs, which brings together the indigenous territories and comarcas in Panama and is called upon to examine broad themes such as the PDIPIP, governance in indigenous territories and other subjects of interest to indigenous populations.
The Committee also notes with interest Bill No. 316 of March 2020 establishing measures for the comprehensive development of the indigenous peoples of Panama which, according to the Government, has already been examined and received the support of the CNDIPI. In accordance with section 2 of the Bill, the Ministry of Economy and Finance shall incorporate and classify as compulsory the policies and objectives of the Government’s strategic plan for indigenous peoples and establish plans for indigenous development together with the Department of Indigenous Affairs and the CNDIPI. Section 4 of the Bill also provides that the participation of indigenous peoples shall be promoted in the formulation, design, application and evaluation of development programmes that concern them.
The Committee welcomes the measures taken by the Government for the implementation of the PDIPIP and requests it to continue providing information on the progress achieved in its various policy areas and on the number of communities that have benefited. The Committee also encourages the Government to continue promoting the participation of indigenous peoples, including, as indicated by the Government, indigenous women, in the formulation, implementation and evaluation of the development plans that concern them. In this regard, the Committee requests the Government to provide information on the manner in which indigenous peoples collaborate with the Multisectoral Technical Working Group of the Department of Indigenous Affairs. Finally, the Committee requests the Government to provide information on the progress achieved in the adoption of Bill No. 316 of March 2020 establishing measures for the comprehensive development of the indigenous peoples of Panama.
Article 11. Lands. Adjudication processes. In its previous comments, the Committee welcomed the adoption of Act No. 72 of 23 December 2008 establishing the special procedure for the adjudication of the collective ownership of lands by indigenous peoples which are not within comarcas, and it requested the Government to provide updated information on the collective lands adjudicated under the terms of the Act. The Committee notes the observation by the CONUSI that the Government has not made available updated information on the number of communities that have benefited from adjudication processes, and that the Bri Bri indigenous community requested the adjudication of its ancestral lands before the National Land Administration Authority (ANATI) in 2015, but that its claims were denied. The Committee recalls that in previous comments it noted that the Government had established dialogue forums to address the issue of the recognition of the collective territory of the Bri Bri people.
The Committee also notes the reference by the Government to the adoption of Decision No. DM-0612-2019 of 29 November 2019 of the Ministry of the Environment establishing the legal criterion to be applied by the Ministry of the Environment to determine the feasibility of approving the claims made by indigenous communities for the adjudication of collective lands, the boundaries of which coincide partially or totally with protected areas or State forest lands. In accordance with the Decision, requests for adjudication submitted by indigenous peoples shall be approved on condition that, on the basis of a technical report issued by the Department of Indigenous Affairs, the traditional occupation commenced prior to the creation of the respective protected areas or, in the case of State forest lands, that the occupation commenced prior to the entry into force of Act No. 1 of 1994 respecting forest law. The Decision also provides that, in the event of the existence of recognized collective lands of indigenous peoples, the boundaries of which coincide partially or totally with protected areas or State forest lands, the communities concerned shall submit a plan for the sustainable use of the natural resources and the community development of such areas for approval by the Ministry of the Environment.
The Committee requests the Government to take the necessary measures to address as soon as possible the claim for the recognition of the collective ownership by the Bri Bri indigenous community of the lands that they traditionally occupy and encourages it to continue dialogue with that community to seek a solution. The Committee also once again requests the Government to provide updated information on the number of requests for the adjudication of collective lands which have been approved under Act No. 72 of 2008, including the number of beneficiary communities as well as the number of requests that have been rejected along with the reasons for such rejection and the number of requests still under consideration. Finally, the Committee requests the Government to provide examples of plans for the sustainable use of natural resources submitted by indigenous communities under the terms of Decision No. DM-0612-2019 of 29 November 2019 of the Ministry of the Environment.
The Committee is also raising other matters in a request addressed directly to the Government.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, and the Government’s response.
Impact of the COVID-19 pandemic. In its observations, CONUSI indicates that during the pandemic there was an increase in workplace discrimination on the basis of sex. It refers in this respect to Decree No. 81 of 20 May 2020, which provides that the contracts of workers in enterprises whose operations have been closed, in accordance with preventive measures to combat the COVID-19 pandemic, shall be considered suspended for all employment-related purposes. Under section 3 of the Decree, this suspension implies that workers are not obliged to provide services and employers are not obliged to pay wages. CONUSI points out that the Government’s goal of preserving jobs through the suspension measures has not been achieved and that, as at June 2021, the Ministry of Labour and Employment Development (Ministry of Labour) (MITRADEL) recorded that 40 per cent of the suspended contracts had not been reactivated. CONUSI indicates that it alerted the Government that the measures adopted in the context of the pandemic were violating maternity protection and the maternity allowance and that the Government confirmed in reply that pregnant women could also be affected by the suspension provided for in Decree No. 81. In its response, the Government indicates that section 116-A of Act No. 157 of 3 August 2020, read in conjunction with the Labour Code, provides that the period of protection covering women who have been reintegrated into their jobs following confinement (one year) does not apply if the effects of the employment contract have been suspended under the terms of subsections 8 (unforeseeable circumstances or force majeure) and 9 (economic crises) of section 199 of the Labour Code. The remaining period of protection is reactivated as soon as the women worker is reintegrated. This means that the period of suspension does not run in parallel with the period of protection and the latter continues from the day on which the suspension of the contract ends, which is totally beneficial, when it is considered that during the period of contract suspension no worker can be dismissed. The government adds that the provisions of Act No. 157 of 2020 were transitional until 31 December 2020, with the exception of the addition of section 116-A of the Labour Code. The Committee requests the Government to provide information on the measures taken to evaluate the impact of the contract suspension system envisaged as a response to the pandemic on the employment of men and women workers, providing statistical data disaggregated by sex on the number of contracts suspended and the rate of return to work. It also requests the Government to indicate the measures adopted to ensure that women who are pregnant and on maternity leave are able to return to work as soon as possible, without risk of discrimination, particularly on grounds of pregnancy or maternity.
Articles 1 and 2 of the Convention. Discrimination on the basis of sex. With regard to the protection of women workers on temporary contracts in cases of discrimination on the grounds of pregnancy or maternity, the Government indicates in its report that under section 75 of the Labour Code contracts for a definite period must be clear and specific, as they would otherwise become indefinite contracts. The Government also indicates that in the case of women with special conditions, such as pregnancy or maternity, protection exists which has the status of a constitutional guarantee, and that section 38 of Decree No. 53 establishing regulations to implement Act No. 4 of 29 January 1999 establishing equal opportunities for women provides that “any requests from public or private employers for evidence of pregnancy, photographs, age limitations, civil status or the application of racist criteria shall be considered discrimination against women at work”. As regards reversing the burden of proof, the Government reiterates that the first step for dismissing a pregnant worker is the need for authorization from the labour authorities, where the employer is obliged to demonstrate that there is good reason for proceeding with the dismissal. The Committee notes the assertion by CONUSI in its observations that in a context where the number of temporary contracts in the country is increasing, it is difficult to establish the extent of cases of discrimination on grounds of pregnancy or maternity in relation to temporary contracts, since the relevant statistics are not disaggregated by sex or type of contract. The Committee recalls that discriminatory practices related to pregnancy or maternity have been particularly linked to dismissal and denial of the return to work following maternity leave, or the use of temporary contracts to discriminate against pregnant women (see General Survey on the fundamental Conventions, 2012, paragraph 784). The Committee once again requests the Government to provide information on the measures taken to ensure that women with temporary contracts are not subjected to discrimination on the grounds of pregnancy or maternity and are not denied a return to work after a period of maternity leave.
Sexual harassment. The Committee previously urged the Government to consider the possibility of including a provision in the Labour Code or adopting specific legislation that lays down a definition of sexual harassment that includes both quid pro quo and hostile work environment, and affords adequate protection for men and for women in all aspects of employment and education, and provides for adequate sanctions. The Committee also asked the Government to provide information on the outcomes of complaints of sexual harassment at work. The Government indicates that Act No. 7 of 14 February 2018, adopting measures to prevent, prohibit and penalize discriminatory acts and laying down other provisions, defines sexual or moral harassment as “any systematic, continual or repeated action or omission in which a person insinuates, invites, requests, pursues, limits or restricts rights, curtails freedom, acts grossly with insults, or humiliates another person in order to obtain a sexual favour or affect their dignity. In the workplace, this includes, but is not limited to, exploitation, or denying the victim the same employment opportunities or the same selection criteria, or refusing to respect the person’s continuing presence in employment, or relates to general conditions of work or involves disparaging the work performed. In the educational sphere, it consists of threats, intimidation, humiliation, mockery, physical mistreatment, discrimination against persons with disabilities or any other type of discrimination, whether or not it is based on the gender of the victim” (section 3(1)). The same Act provides that non-compliance with the established provisions shall incur the penalty of a fine of 550 to 1,000 Panamanian balboas (PAB) for the enterprise, and that the hierarchical superiors of public institutions shall be deemed to have violated the duties of public servants, as established and sanctioned by the Penal Code (section 8). The Act also provides that all employers must establish – by means of workplace regulations, collective agreements or management orders – an adequate and effective complaints and settlement procedure, to enable complaints against such conduct to be made (section 6(2)). This procedure must establish internal policies in line with the provisions of the Act, promote confidentiality, protection for the complainant and for witnesses, and also exemplary penalties for any person guilty of such conduct. The Government also indicates that the Ministry of Labour has drawn up a model protocol to identify, prevent and tackle gender-related violence, which establishes the obligation for enterprises and public institutions to draw up procedures to prevent harassment, including sexual harassment. While duly noting this information, the Committee observes that the Government’s report does not include any information on the practical handling of complaints made of sexual harassment at work. The Committee requests the Government to provide information on internal complaint and settlement procedures adopted pursuant to section 6(2) of Act No. 7 of 14 February 2018, and on the action taken on complaints of sexual harassment at work made through these procedures. The Committee also requests the Government to provide detailed information on the number of cases identified by the labour inspectorate and of complaints lodged – including in judicial proceedings in the civil, administrative and criminal courts – and also on the outcome of such cases, the penalties imposed and remedies granted.
Article 2. National policy on gender equality. In reply to the Committee’s request concerning the impact of the Plan of Action on equal opportunities for women (PPIOM) 2016–19, the Government indicates that it has not yet been possible to undertake the evaluation of the PPIOM 2016–19 as the period for its implementation has not been fully completed, a situation aggravated by the start of the COVID-19 pandemic. However, the Government provides detailed information on the development of the PPIOM 2016–19, including details of the activities of the Government Mechanism Network comprising 48 public bodies – and the five working groups within the network, responsible for ensuring implementation of the strategic actions and guidelines of the ten thematic areas of the PPIOM 2016–19. The Government also refers to a series of recent initiatives, such as: (1) the design and launch of a digital survey on gender equality at work and in the family during the COVID-19 pandemic; (2) the Programa de Desarrollo, Mujer en Logística (“women in logistics development programme”) pilot project for identifying and assisting women in vulnerable situations, and building technical and leadership skills for their return to the labour market; (3) the Eje Cambiando Vidas (“changing lives”) project, which seeks to empower women through entrepreneurship, training and cooperativism, promoting their economic independence and empowerment; (4) the training workshop for domestic workers and housekeepers who study at the Mujer Maria Auxiliadora Training Centre (CECAMMA); and (5) the training programme against violence and discrimination towards women as part of the activities of the Authentic Federation of Workers (FAT). The Government also provides statistical information, disaggregated by sex, on the distribution of graduates of the National Institute of Vocational Training and Human Resource Development (INADEH) in the various occupational categories, indicating, inter alia, that: (1) between 1 January and 31 May 2021, a total of 47 women and 17 men graduated in the Guna Yala indigenous area, and 305 women and 299 men graduated in the Ngäbe Buglé indigenous area; (2) in 2020, a total of 10,442 men and 21,804 women graduated within the general population; (3) of these graduates, a higher proportion of women received training in the areas of business management (2,893 women and 699 men) and information technology (3,597 women and 1,500 men); and (4) between 2017 and 2021, 57.4 per cent of the population who attended INADEH are women, with the majority engaged in activities in the services sector and agriculture. While duly noting this information, the Committee observes that, according to the same statistics, the percentage distribution of graduates by sex, according to training areas, shows significant segregation in certain sectors, such as beauty treatment and cosmetology (94 per cent of graduates are women), fashion and textiles (92 per cent of graduates are women), mechanical engineering (93 per cent of graduates are men) and automotive engineering (92 per cent of graduates are men). In this regard, the Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see 2012 General Survey, paragraph 750). The Committee requests the Government to continue providing statistics, disaggregated by sex, on the distribution of men and women in the various categories of vocational training and areas of occupation. The Committee also requests the Government to provide information on any measures taken to promote access to training that seek to expand the diversity of occupations for men and women, and to provide detailed statistics disaggregated by sex on the specific impact of these types of training on access to employment.
Access to education and vocational training for women from groups that are vulnerable to discrimination. With regard to measures to reduce the school drop-out rate of pregnant teenagers and ensure access to education and vocational training for rural and indigenous women, the Government indicates that most of the services provided by the Ministry of Social Development (MIDES) target vulnerable sectors, and refers to the following initiatives: (1) the Counselling and Comprehensive Care Centre (COAI); (2) the MIDES literacy programme; (3) the territorial networks project; (4) the National Secretariat for the Development of Afro-Panamanians (SENADAP); (5) the company sponsorship programme; and (6) the opportunities network programme. The Government also provides information on the activities of the National Institute for Women (INAMU) on training, and specifically the Tu Puedes Mujer (“women can”) programme, developed in 2018 in ten provinces and two indigenous areas (Ngäbe Buglé and Emberá Waunaan), and in 25 communities, of which 24 are rural and six are indigenous; as well as the Mujer Agricultora (“women farmers”) and Mujer Cambia Tu Vida (“women change your life”) programmes. The Mujer Cambia Tu Vida programme continued to develop in the first half of 2021, benefiting 103 participants, of which 99 were women, and training is planned for indigenous women’s groups in the Ngäbe Buglé and Emberá Waunaan indigenous areas. The Government also provides information on the activities of the Ministry of Education (MEDUCA) aimed at reducing school drop-out rates and the percentage of pregnant teenagers, including the sexual and reproductive health programme for the prevention of teenage pregnancy. The Government’s report also includes statistical information indicating that in 2019 there were 40 cases of pregnant students and a drop-out rate of 1.0, while in 2018 there were 33 pregnant students and a drop-out rate of 0.9. In its observations, CONUSI indicates that high illiteracy and school drop-out rates persist among the indigenous population (the literacy rate for indigenous women is 75.4 per cent and for non-indigenous women it is 98.5 per cent). It also notes that 18.5 per cent of pregnant teenagers were registered in the indigenous area (319 in the Guna Yala indigenous area and 1,476 in Ngäbe Buglé), and that three quarters of pregnant teenagers drop out of school, which evidences the lack of relevant safeguards and monitoring by the institutions. CONUSI emphasizes that the Government’s reports on this matter fail to assess the impact that the measures taken have had on addressing the problem. In its response, the Government refers to other curricular and extracurricular strategies for the reinforcement of vocational guidance and training through the strategic agreements and alliances of the MEDUCA. The Committee welcomes the information provided by the Government and requests it to continue providing information on the training activities specifically targeting women from vulnerable groups (rural and indigenous women) to reduce the illiteracy rate and promote their access to better job opportunities, as well as on the specific impact of such measures (evolution of literacy rates among the groups concerned, rates of effective access to employment after training, etc.). The Committee also requests the Government to provide updated data on the school drop-out rate of pregnant teenagers, the measures taken to reduce this rate and their actual impact.
Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the information provided by the Government, in reply to its request regarding measures taken to promote equality of opportunity and treatment in employment and occupation of Afro-Panamanian workers, on the activities of the SENADAP, the work plan of which includes: (1) updating the National Plan for the Development of Afro-Panamanians 2007, to present it in final form as the Overall Plan for the Development of Afro-Panamanians – Vision 2022–2030; (2) development of the project “Working towards a public and state policy to include the history and contributions of Afro-descendent peoples in educational curricula”; (3) development of the Ruta de Tambores (“drum route”) programme, an outreach programme in the communities to gain their inputs into public policy; and (4) awareness- and profile-raising initiatives highlighting the contributions of Afro-Panamanians to national life. The Committee also takes note of the Government’s explanations regarding the efforts expended by the SENADAP to work together with the Mesa Técnica Censal Afro Panamá (METACENSO) (an Afro-Panamanian survey body), and the National Statistics and Census Institute (INEC), with a view to incorporating an Afro-ethnic question in the labour market survey scheduled for 2021 and in the population and housing census planned for 2022. CONUSI, in its observations, indicates that Afro-descendent women encounter greater difficulty in entering the labour market, with high indices of poverty, illiteracy, and precarious forms of work. CONUSI also emphasizes that discriminatory and stereotypical attitudes based on race, colour and national extraction of workers are recurrent. While noting the information provided on the existence of pertinent plans and programmes, the Committee requests the Government to provide detailed information on the concrete measures adopted under these initiatives, and to clarify which of the activities are specifically aimed at supporting Afro-Panamanian women workers. The Committee also requests the Government to provide statistical information, disaggregated by sex, sectors and occupations, regarding access of Afro-Panamanian and indigenous workers.
Policy on equality in relation to workers with disabilities. In response to the Committee’s request for information on the impact of the measures to promote access to education and occupational training, reduce the illiteracy rate, and promote better access to employment opportunities, the Government indicates that the relevant institutions work within the framework of the National Advisory Council on Disability (CONADIS), which coordinates with other institutions such as the Ministry of Education and INADEH. Since 2017, action has been under way to promote the integration of persons with disabilities in employment, and the following results have been obtained: 1,679 men and 1,397 women have taken part in guidance seminars and activities; 634 men and 473 women have attended awareness-raising days; and 6,329 men and 3,515 women have taken part in activities to promote the employment of persons with disabilities. The Government also refers to various programmes, and in particular to: (1) the Programme to promote employment integration (PAIL) in which the Ministry of Labour and the participating enterprise each pay 50 per cent of the cost of the grant for participants, an amount equivalent to the minimum wage; and (2) the Orienta Panama (“guiding Panama”) programme, which focuses on vocational training for young persons with disabilities studying in public colleges. The Committee also notes the data provided on the related activities of the Department for the Socioeconomic Integration of Persons with Disabilities at national level, indicating that in 2020 the department received 106 vacancies registered at central headquarters (Panama City) and 74 vacancies in the regional directorates. A total of 50 men and 40 women were placed at central headquarters, and 24 men and 9 women were placed in the regional directorates. The Ministry of Education also lends support to the Panamanian Institute for Special Empowerment (IPHE) in awareness-raising programmes on sexual and workplace harassment. While noting the information provided on the programmes and measures adopted, the Committee observes that CONUSI points to a lack of data and indicators giving a true picture of the employment of persons with disabilities, which makes it impossible to design appropriate plans, programmes and policies. CONUSI also indicates that a significant number of enterprises do not comply with the obligation established by Act No. 15 of 31 May 2016 to include persons with disabilities as 2 per cent of their staff. In its response, the Government indicates that: (1) the INADEH has implemented 153 technical training actions for persons with disabilities, with the participation of 345 men and 225 women throughout the national territory; (2) during the period 2017–21, there have been 150 awareness-raising days on Act No. 15 of 2016, with a total participation of 1,529 persons, consisting of 821 men and 708 women from the public and private sectors; (3) the “Yo Si Cumplo” (“I’m in compliance”) label was implemented in recognition of good labour practices and the commitment of enterprises to the process of labour-market inclusion, with the label being awarded on 137 occasions; and (4) this process implies guidance and awareness-raising for enterprises through action by 74 labour inspectors at the national level, using revised and appropriate procedures for the enforcement of the labour-market inclusion of persons with disabilities. The Committee takes due note of all this information and requests the Government to provide information on the results achieved in follow-up to the training and awareness-raising activities on labour inclusion of persons with disabilities.
Policy on equality in relation to other grounds of discrimination. The Committee observes, with regard to its request for information on measures to promote equality of opportunities and treatment in employment and occupation in respect of all grounds of discrimination enumerated in the Convention, that the Government refers to its activities related to the promotion of gender equality. The Committee recalls that Article 1(1)(a) of the Convention enumerates seven protected criteria, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee observes that, apart from the information provided on activities related to discrimination on the grounds of sex, race, colour and national extraction, referred to in the corresponding parts of the present comment, the Government has provided no information on its efforts to address discrimination in employment and occupation on the grounds of religion, political opinion or social origin. The Committee reiterates its request to the Government to provide detailed information on the measures adopted in respect of these three grounds of discrimination, as well as information on the number of cases identified by the labour inspectorate or addressed by other competent bodies such as the law courts.
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