Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

National gender equality policy. The Committee notes the Government’s indication that the National Institute for Women (INAMU) is holding a national consultation with a view to developing a National Policy on Equality of Opportunity for Women. The consultation addresses subjects related to the economy, the participation of women in the economy and in production, the pay gap, unemployment and underemployment as well as women’s integration into the labour market. The Government also states that it has carried out a diagnostic study to identify good labour practices for gender equity within the framework of the INAMU Women’s Economic Agenda programme. Twenty-five companies will take part in the study, and initiatives adopted by those companies to expand the entry and retention of women in the workforce and improve their working conditions, will be identified. The ultimate objective of the study is the implementation of the Gender Equality and Equity Management System (SIGEG) which has been adopted as common public policy in Central America and which consists of a system of certification for companies seeking the gradual elimination of gender differences. INAMU also plans to carry out a series of studies on time use, paid domestic work and the gender profile of the economy. The Committee also notes that Resolution No. DM131-2010 of 27 April 2010, created the Labour and Gender Office in the Ministry of Labour and Employment Development (MITRADEL) with the objectives of building capacity with a view to mainstreaming gender; raising awareness among the population on the discrimination faced by women, and using indicators to identify inequalities. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it noted with concern that women continue to suffer from higher rates of underemployment and unemployment, a situation confirmed by the information provided by the Government, and that women are segregated in sectors of employment with low wages (CEDAW/C/PAN/CO/7 of 5 February 2010, paragraph 38). The Committee requests the Government to provide information on the progress made in the development of a National Policy on Equality of Opportunity for Women as well as on the specific measures adopted with a view to reducing occupational gender segregation in the labour market and eliminating stereotypes which hinder the access of women to occupations traditionally performed by men, and vice versa, including information on the activities undertaken by the Labour and Gender Office. The Committee also requests the Government to provide information on the activities and various studies carried out by the INAMU and to continue providing statistical information on the labour market situation of women and men, and their distribution in the various occupations and economic sectors.

Vocational training. The Committee notes the extensive information provided by the Government on the public and private vocational education and training activities carried out. The Committee notes in particular that within the framework of the Women's Economic Agenda Programme, INAMU has devised diplomas on local economic development with gender equity, the objective of which is to encourage equal access to resources and opportunities for men and women. Furthermore, the Committee notes that although women participate in training significantly more than men, the Government once again confirms the existence of marked occupational gender segregation, as demonstrated by the different vocational education and training activities chosen by men and women. In this respect, the Government states that it promotes non-traditional activities among women. The Committee requests the Government to adopt measures to address occupational gender segregation effectively, including measures to promote women’s access to a wider range of employment and vocational education. The Committee asks the Government to provide detailed information on the measures adopted to this end, as well as statistical information on men’s and women’s participation in training activities, in particular on the careers and types of training chosen by each group. The Committee requests the Government to indicate the extent to which such training results in access to the labour market.

Sexual harassment. The Committee notes the Government’s indication that the Gender and Labour Office, in the MITRADEL, has developed a gender training and awareness raising programme that includes the issue of sexual harassment and in which labour inspectors participate in order to raise their awareness of the subject. MITRADEL staff have also been trained. The Government adds that the assessment to identify good labour practices for gender equality mentioned previously, includes among its good practices measures to prevent sexual harassment. The Committee also notes the Government’s indication that although some labour inspectors have identified cases of sexual harassment in the companies they inspected, they maintain that victims are frightened to make complaints. The Committee requests the Government to take the necessary measures with a view to raising the awareness of workers of the relevant legal protections and dispute resolution procedures and processes available with respect to sexual harassment. In addition, the Committee encourages the Government to continue carrying out training and awareness-raising activities on sexual harassment, in cooperation with the social partners, targeting all the actors involved, including companies, judges, lawyers, labour inspectors and other institutions responsible for enforcing the relevant rules. The Committee requests the Government to provide information on the cases of sexual harassment addressed by the courts, the remedies provided and the penalties imposed.

Equality of opportunity and treatment irrespective of race and colour. The Committee notes that in 2010, for the first time, the Population and Housing Census included a question on self-identification as of African origin. For this purpose, the Government undertook an awareness-raising campaign on self identification of the population. The Committee requests the Government to provide information on the results of the 2010 Population and Housing Census, including the number of people who identified themselves as a member of a black ethnic group, and the specific measures taken within the framework of the National Plan of Action for the Full Inclusion of Black Ethnic Groups with a view to promoting equality of opportunity and treatment for the Afro-Panamanian population.

Indigenous women. In its previous comments, the Committee referred to the serious situation faced by indigenous women due to, among other reasons, their low level of education, which prevents them from accessing activities which generate sufficient income to provide them with a decent standard of living. The Committee observes that in its concluding observations, the CEDAW refers to the persistence of this situation (CEDAW/C/PAN/CO/7 of 5 February 2010, paragraphs 46 and 47). The Committee notes the Government’s indication that a range of measures have been taken: through universal grants, financial subsidies for education and family vouchers, primary and secondary school attendance rates have increased and interest in university studies has grown among the indigenous population; INAMU has begun mapping organizations and economic entrepreneurship in the Ngöbe-Bublé comarca, which will provide a basis for establishing a public policy framework for focusing on and improving the economic situation of women in the region; the National Institute of Vocational Training for Human Development (INADEH) is developing training programmes for vulnerable groups, including indigenous women, and has trained 710 indigenous women in training centres located near their localities, and through the Panamanian Network of Rural Women’s Associations, with assistance from the Government. The Committee requests the Government to continue to take the necessary measures to raise the level of education of indigenous women as well as increasing their training opportunities with a view to improving their opportunities in employment and occupation. The Committee requests the Government to provide information in this respect.

Persons with disabilities. The Committee notes the extensive information provided by the Government on the measures and programmes for the integration of persons with disabilities, including those carried out by the Department for the Socio-economic Integration of Persons with Disabilities. The Committee notes in particular the agreements concluded with certain companies for the recruitment of persons with disabilities. The Government indicates that the Sectoral Policy Department has organized the revision of inclusion policies and the drafting of the Disability Policy 2010–14, which has been disseminated among public officials. The Committee notes the assessment carried out by the Employment Service together with persons with disabilities, which highlights the necessity to offer more training and vocational education to persons with disabilities. The Government also indicates that penalties have not yet been imposed on the companies as they have respected the requirement of at least 2 per cent of their workforce consisting of persons with disabilities. Several companies are already in compliance with the 2 per cent quota and others have begun the process. The Committee requests the Government to continue providing information on the measures taken particularly the training and vocational education measures with a view to the integration into the labour market of persons with disabilities and the impact of such measures. The Committee also requests the Government to provide statistical information on the level of compliance by companies with the quota requirement and any penalties imposed for non-compliance.

Part V of the report form. The Committee requests the Government to continue its efforts to include statistics on employment and occupation, in both the public and private sectors, disaggregated by sex, race, ethnic origin, age, and other variables. Lastly, observing that the statistics provided until now record “non-indigenous” employees, the Committee requests the Government to explain the reasons and impact of the separation between indigenous and non-indigenous employees and the way in which indigenous employment is measured.