Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Panama (Ratification: 1971)

1. The Committee notes the information in the Government's report and the attached documentation.

2. Article 1 of the Convention. The Committee notes with interest the results of the 1990 census. In particular, it notes there are 194,269 indigenous persons in the country belonging to the Kuna, Guaymí, Teribe, Bokota, Emberá, Waunana and other communities.

3. Articles 2 and 27. The Committee notes from the information provided that the National Directorate for Indigenous Policy (DNPI) within the Ministry of Government and Justice, has taken measures to coordinate the activities affecting indigenous populations at the national level, in cooperation with the National Directorate for Local Governments and other high-level administrative authorities. Recalling its previous comments regarding the absence of a central body with overall responsibility for indigenous affairs, the Committee notes from the information provided that it is not sufficiently evident that the National Directorate has been identified as the body responsible for coordinating all the activities undertaken by the various state bodies in indigenous matters, and with the commensurate authority. It therefore requests the Government to provide information with its next report on the role of the National Directorate, the scope of its authority and mechanisms for coordination.

4. The Committee notes the information regarding the two programmes of assistance in small-scale farming to indigenous communities carried out by the Ministry of Agricultural Development (MIDA): (i) the Programme of Guaymíe Rural Integrated Development Project - DRI-GUAYMIE (1990-92), complemented by the food initiative of Project PMA/PAN/2436, operational in the Provinces of Veraguas and Chiriqui, and coordinated by the Ministry of Planning and Political Economy; and on the termination of this project; (ii) the Programme for Indigenous Development (1993-94) which expanded the scope of the project to include the Provinces of Chepo, San Blas, Bocas del Toro and Darien, in addition to Chiriqui and Veraguas. It notes that these two programmes have benefited a number of indigenous farmers and their families from some 50 communities. However, the Committee notes the Government's statement that such small projects executed in isolation and with limited resources are insufficient to meet the needs of the indigenous population, and that in the future such projects should be used as pilot projects within indigenous communities in order to provide training and dissemination centres for improved technology for the rest of the population. The Committee notes also the MIDA Guidelines for Agricultural Policy Document 1994-99 which include a component of multi-sector programmes of financial assistance in impoverished rural areas, including to indigenous communities. The Committee requests the Government to keep it informed of the implementation of these programmes, of any measures taken or contemplated to increase financial and technological assistance to indigenous communities, and of any other projects for the benefit of the indigenous population in the country.

5. Article 5. The Committee notes with interest that the Government continues to take steps to strengthen the participation of indigenous communities in all social, economic and political matters affecting them, and that it is considering taking legal measures to create local indigenous governments. It requests the Government to continue to provide information in this regard, including the present status of the programme "Participation and organization of beneficiaries" to guarantee direct participation in projects under the responsibility of the General Directorate of Community Development (DIGEDECOM) of the Ministry of Government and Justice which the Committee had noted in its previous comments.

6. Articles 11 to 14 - land rights. The Committee notes that the Government is taking measures to resolve questions relating to the delimitation of indigenous lands, and that representatives from indigenous areas have been elected to the legislature during the 1994 national elections. Further, it notes that the Government, through its Ministry of Government and Justice, is in the process of consultations for the definitive demarcation of indigenous areas, through the adoption of relevant legislation.

7. The Committee notes with interest the copies of the draft legislation relating to the delimitation of the reserve or comarca Ngobe-Bugle; the Corregimiento of Rio Luis in the district of Santa Fe; the reserve Camara Kuna of Madungandi; and the reserve Kuna Wargandi. In particular it notes the provisions relating to the recognition of the collective rights of the indigenous communities to their traditional lands, the decision-making powers of their traditional institutions, and their right to be consulted in any matters which may affect them. The Committee requests the Government to provide information in its next report on the progress achieved in each of these cases, and copies of the legislation when adopted.

8. The Committee notes with interest that the "Proposal for the draft Law to create the Camara Kuna Madungandi" identifies the "constant penetration of non-indigenous elements" as a major obstacle to maintaining and protecting the traditional collective use of the land rights of the indigenous communities living in that area, and that all foreigners or foreign missions must have the authorization of the Government and fulfil the requirements of the Organic Act prior to carrying out any activity or study within the demarcated area (section 15). The Committee recalls its previous comments on the conflicts between settlers and indigenous communities in the area of the proposed Reserva Kuna de Madungandi de Bayano and the Government's acknowledgement of the need to relocate the settlers. It requests the Government to provide information in its next report on the progress achieved in the resolution of this conflict, including any measures to relocate the settlers outside the territories of the Reserva Kuna de Madungandi and prevent their return. Please also provide a copy of the legislation when it has been adopted.

9. Articles 16 and 17. The Committee notes the additional information provided with the Government's report on the vocational training activities of the National Vocational Training Institute (INAFORP). Noting the Government's statement regarding the low number of participants at the INAFORP courses, the Committee also notes the proposal to expand the geographical coverage of the Institute for 1995. It requests the Government to keep it informed in this regard.

10. The Committee notes the training programmes of the National Directorate for Indigenous Policy in collaboration with the Department of Institutional Development, and with the participation of indigenous communities. In this respect it also notes the requests from the indigenous communities for the training of members of their communities so that they in turn can train others, and for greater support and interest from the state authorities.

11. Article 20. The Committee recalls the proposal for the Nutritional and Food Production Project for the Guayami, Kuna and Chocoe Indians which the Government was planning to negotiate with the Inter-American Development Bank. As the present report is silent on this matter, it hopes that the Government will provide more information on this project in its next report.

12. Articles 21 to 24. The Committee notes with interest the information in the report on the number of awards given to students in indigenous communities by the Government during 1990-93. It requests the Government to continue to provide such information.

13. It notes the additional information provided with the Government's report on the literacy and vocational training programme funded by UNESCO and the Inter-American Development Bank (Project No. ATN/TF-2825-PN) during 1987 to 1993 which benefited 4,200 young persons between the ages of 15 and 20 from the Ngobere and Kuna communities. It also notes with interest the sub-programme for adult education, with background pictorial information, in the local indigenous languages. Noting that the Government is planning to request funding for a continuation of these programmes, the Committee requests the Government to keep it informed of any further developments in this regard.

14. With reference to the draft basic legislation to restructure the Panamanian educational system, the Committee notes the copy of the relevant articles provided with the report. It requests the Government to keep it informed of the progress of this legislation, and to provide a copy when it has been adopted.