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

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

Discrimination based on political opinion. Administrative careers. In its previous comments the Committee noted the observations of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) concerning the risk of the dismissal of public servants on the ground of their political opinions. The Committee also asked the Government to provide information on the interpretation and application in practice of the requirement of “loyalty” which has to be demonstrated by public employees covered by administrative careers to enjoy stability, as envisaged in section 136 of Act No. 9 of 1994 (as amended by Acts Nos 24 of July 2007 and 14 of 2008) and in section 5 of Executive Decree No. 44 of 11 April 2008. In this respect, the Committee notes the Government’s indication that no public servant has been dismissed on the ground of their political opinions. The Committee observes however that the Government has not provided the specific information that it requested in its previous observation. The Committee requests the Government to provide information on the manner in which it is ensured that public servants are not subject to discrimination on the ground of their political opinions, especially in election periods, the manner in which the requirement of “loyalty” of public servants envisaged in sections 136 of Act No. 9 of 1994 and 5 of Executive Decree No. 44 is interpreted, and on whether there have been any court decisions on this subject. The Committee also asks the Government to provide information on the percentage of public servants who have been integrated into the administrative career system through the special entry procedure set out in section 67 of Act No. 9 of 1994.

Discrimination based on sex. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged in the context of its equality policy to ensure that pregnant women or women on maternity leave who work on temporary contracts are not subject to discrimination. The Committee notes the Government’s repeated indication that the protection against dismissal of pregnant women and those on maternity leave covers women with contracts without limit of time, but that it has not provided information on the protection afforded in the case of temporary contracts. The Committee recalls that the Convention applies to all women workers, irrespective of the type of contract and their status as being pregnant or mothers, and it draws the Government’s attention to paragraph 784 of its General Survey on fundamental Conventions, 2012. The Committee requests the Government to take the necessary measures to ensure that women are not subject to discrimination based on pregnancy or maternity, particularly with regard to their access to and security of employment. The Committee also requests the Government to provide information on the measures adopted or envisaged in the context of its equality policy to ensure that women with temporary contracts do not find themselves in situations in which they are more vulnerable to discrimination based on pregnancy or maternity.

Access to education of women from groups vulnerable to discrimination. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), which refer to the large number of girls who drop out of school due to early pregnancies, despite Act No. 29 of 2002, which provides for the continuation of education in such cases, and the high level of illiteracy found among women from rural areas and indigenous women (CEDAW/C/PAN/CO/7 of 5 February 2010, paragraphs 34–37). The Committee emphasizes the importance of providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, with a view to broadening the range of occupations from which men and women are able to choose (General Survey, 2012, paragraph 750). The Committee requests the Government to take the necessary measures to guarantee the access to education of women from groups vulnerable to discrimination, and particularly women in rural areas, indigenous women and pregnant girls. The Committee requests the Government to provide information in this regard.

The Committee is raising other points in a request addressed directly to the Government.