Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Panama (Ratification: 1966)

The Committee notes the detailed information provided by the Government in its report.

Discrimination on grounds of sex

The Committee notes with interest the information provided by the Government concerning the discrimination from which women continue to suffer in access to employment and remuneration, as well as on the various measures taken by the Government to apply a policy of equality of opportunity and treatment, in accordance with the requirements of the Convention.

The Government states that: it is customary practice for employers to require proof that a woman is not pregnant as a prerequisite for recruitment; that job announcements, particularly for managerial posts, require male candidates; that for jobs involving relations with the public the requirements include a good physical presence, an age of between 18 and 25 years and specific ethnic characteristics; that in certain workplaces (bars and restaurants), preference is given to single women; and that many enterprises resist the access of women trainees to vocational training programmes for jobs not traditionally occupied by women. The Government adds that the absence of labour regulations governing the activities of the informal sector means that the issues affecting an increasing number of women who are turning to the sector are not addressed and that women with disabilities face the combined obstacles of their invalidity and prejudices based on sex. The Committee requests the Government to supply information on the measures taken or contemplated to remedy the absence of regulations concerning discrimination in the informal sector.

The Committee notes that, within the framework of Ministry of Youth, Women, the Child and the Family, established by Act No. 42 of 19 November 1997, a National Directorate of Women has been established, whose functions include promoting the full participation of women in the economic, political and social development of the country under conditions of equal rights and opportunities. It also notes the programme for the training and dissemination of women's rights in the world of work, the essential objective of which is to "prevent and eradicate discrimination against women in employment in all its manifestations".

The Committee requests the Government to supply detailed information in its next report on the activities undertaken in the framework of the above Programme and on the measures adopted to eradicate the practices to which it refers concerning the requirement to provide proof of not being pregnant for recruitment and discriminatory job announcements. The Committee also requests the Government to supply information on any measure which has been taken or is envisaged to protect workers against discrimination, and particularly discrimination on grounds of sex.

Sexual harassment

The Committee notes the explanations provided by the Government in reply to its previous direct request on protection against sexual harassment in the workplace, which may affect both men and women, and its information on the prevalence of sexual harassment practices in the workplace due to the absence of specific laws, policies and strategies for its prevention.

The Committee notes section 128(28) of the Labour Code, which makes it compulsory for employers to establish an equitable, reliable and practical procedure to investigate complaints of sexual harassment and the imposition of the appropriate penalties and it requests the Government to provide information on any measure which has been taken or is envisaged to protect workers against sexual harassment.

The Government also states in its report that Act No. 9 of 20 June 1994, which establishes and regulates administrative careers, prohibits and sanctions sexual harassment with the direct dismissal of the official that commits such an offence. The Committee requests the Government to supply a copy of Act No. 9 of 20 June 1994.