Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. National policy for gender equality. In its previous comments, the Committee noted that section 52 of Decree No. 53 states that, in order to apply the Convention, the Ministry of Labour shall take steps to ensure that enterprises gradually employ at least 50 per cent women in the workforce and keep a detailed record of women who work in the primary, secondary and tertiary sectors. The Committee notes that, in the context of the national policy on equality, the Ministry of Public Works (MOP) and the National Human Development Training Institute (INADEH) conducted training initiatives for women to enable them to take up careers in welding, bricklaying, as mechanics, in road construction and as operators of heavy equipment. The Committee also notes that in 2006, the Ministry of Social Development held human development training modules for more than 300 women in four provinces with the aim of enhancing their skills. The Committee also notes that surveys were conducted into gender-based labour segregation in Panama and on gender and economics, during the first phase of the “Women’s Economic Agenda” project. The Committee requests the Government to continue supplying information on the application of the policy on equality and the impact thereof on the participation of women in the labour market and in training programmes. The Committee also requests the Government to continue supplying information on the measures taken to reduce the occupational segregation of women in the labour market, and in particular to promote their participation in high-level posts.

2. Sexual harassment. In its previous comments, the Committee noted that, in cases of sexual harassment by the employer, fines were liable to be imposed and, in addition, the worker was entitled to terminate the employment relationship while having the right to receive compensation. The Committee suggested that the Government take steps to identify other options which did not involve the termination of the employment relationship. The Government indicated in its report that the Labour Code states that, in cases involving sexual harassment, the employer is authorized to dismiss the person responsible for the harassment and that, consequently, termination of employment is not the only solution available to the worker suffering the harassment. The Committee requests the Government to supply information on the number of complaints of sexual harassment at work and on the manner in which they have been resolved.

3. Sexual harassment. Burden of proof. The Committee notes the Government’s statement regarding the need to review the alternatives available under comparative law to protect victims in cases where they are unable to provide proof of sexual harassment. Taking into account the difficulties encountered by many victims in proving sexual harassment, the Committee welcomes the Government’s initiative and requests it to keep it informed on the progress of the abovementioned studies and any measures taken, for example, to ease the burden of proof and weigh all relevant aspects in cases of complaints of sexual harassment, including the context, evidence and psychological information.

4. Persons with disabilities. The Committee notes the setting up of the Department for the Socio-Economic Integration of Persons with Disabilities. The Committee notes that the purpose of this department is to structure a programme to enhance and promote the interests of workers with disabilities in the labour market. The Committee also notes that information and training activities concerning the rights of disabled persons have been undertaken for the benefit of workers’ organizations, officials of the Ministry of Labour (MITRADEL) and labour inspectors. Moreover, the Committee notes that, as a result of consultation involving the Labour Analysis and Information System (SIAL) and the ILO, the needs of persons with disabilities were integrated into the new employment facilitation software forming part of the general database of the Public Employment Service (SERPE). The Committee also notes the participation of the Government and consultations to support the national plan for the social integration of persons with disabilities. The Committee requests the Government to keep it informed of the measures taken to promote the access of persons with disabilities to training and employment and, in particular, of the work of the Department for the Socio-Economic Integration of Persons with Disabilities. The Committee requests the Government to supply information on the impact of these activities on the access of disabled persons to employment and training.

5. Part V of the report form. Statistics. In its previous comments, the Committee noted that the provisions of Chapter V (Work) of Decree No. 53 state that the coordinating bodies of labour systems or groups protected by special laws must devise studies to identify situations or conditions of inequality, and also systematize and publish statistics disaggregated by sex, race, ethnic origin, age, class and other variables which will be incorporated in national statistics. The Committee notes the Government’s statement that the current system of statistics does not provide information in the manner required by the report form. The Committee requests the Government to supply information on the progress made in incorporating into the national statistics information on employment and occupation, in both the public and the private sectors disaggregated by sex, race, ethnic origin, age, class and other variables, and requests the Government to supply all available information in its next report to enable the Committee to evaluate the practical application of the provisions of the Convention.