Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1 of the Convention. Discrimination on grounds of political opinion. Careers in the administration. In its previous observation, the Committee asked the Government to send information on the manner in which it is ensured that public servants are not subjected to discrimination because of their political opinions, especially in election periods; on the interpretation placed on the “loyalty” required of public servants pursuant to section 136 of Act No. 9 of 1994 and section 5 of Executive Decree No. 44; and on the percentage of public servants who have been given appointments in the administration in accordance with the procedures set in section 67 of Act No. 9 of 1994. The Government indicates, in this connection, that section 2 of the Single Text of 29 August 2008, which includes Act No. 9 of 1994, defines “loyalty” as full compliance with the Constitution, laws and regulations, on the part of public servants in performing the duties of office. The Government adds that section 136 of that Act was amended by section 14 of Act No. 43 of 2009, which provides that a public servant may be dismissed only on the grounds set out in the Act and that section 5 of Executive Decree No. 44 has been repealed. With respect to the number of public servants who joined the public administration, the Committee notes that the Government further indicates that pursuant to section 67 of Act No. 9 of 1994, some 12,912 employees joined the public administration, but that the Act has been repealed. The regulation of careers in the administration is being examined in Panama’s Tripartite Agreement Committee established under the Tripartite Agreement concluded in 2012 by the Government, the workers and the employers, with the participation of the ILO. The Committee takes note of this information.

Sexual harassment. The Committee notes the adoption of Act No. 82 of October 2013 to amend the Penal Code which defines femicide and punishes acts of violence against women. Section 4 of the Act defines sexual harassment as “any unwanted act or conduct of a sexual nature which interferes in work, studies or the social environment, which is set as a condition for employment or creates an intimidating environment or which has harmful effects on the physical or psychological well-being of the victim.” Section 8 provides that public and private entities and media have a responsibility to engage in coordinated and combined actions to secure wide-ranging prevention and support, and an integrated response to all forms of violence against women. While it considers that the adoption of the Act is in itself a step forward, the Committee takes the view that to address sexual harassment only through criminal proceedings is not sufficient because of the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case). The Committee requests the Government to consider the possibility of including a provision in the Labour Code or adopting specific legislation on sexual harassment at work that lays down a definition of sexual harassment that includes both quid pro quo and hostile work environment, and affords adequate protection for men and for women in all aspects of employment and education, and provides for adequate sanctions. It also requests the Government to send information on the treatment afforded to complaints of sexual harassment at work, on administrative and judicial decisions handed down, on the penalties imposed and the redress awarded.

Article 2. National policy on gender equality. The Committee notes the adoption of the Public Policy on Equal Opportunities for Women (PPIOM) through Executive Decree No. 244 of 2012. The policy is the result of a broad process of consultations conducted in 2010 and 2011 at local, rural and urban levels, and between various bodies and institutions of the State. The Committee notes that the PPIOM’s objectives include that of disseminating, promoting, monitoring and evaluating compliance with employment policies and programmes that seek to increase the participation of women without discrimination based on sex, age or ethnic origin; the training and advancement of women, including in non-traditional activities; and reconciling family responsibilities and work. The Committee takes note in this connection of the survey on the use of time conducted in 2011 to determine, among other things, how much time is devoted to unremunerated domestic work. On the basis of the results obtained, the Government plans, within the framework of the National Institute for Women (INAMU), to take steps to facilitate school education for women and their integration in the labour market. The Government has likewise carried out rural programmes to promote development for rural women and their organization in associations, and to encourage the participation of women, particularly young women, in non-traditional economic activities (agribusiness, tourism, technology) and in the creation of dynamic undertakings. The Committee also notes that the Gender and Labour Development Office of the Ministry of Labour and Development is to address issues affecting young, rural, indigenous, Afro-descendant and domestic male and female workers. Lastly, the Committee notes the various studies conducted by INAMU on the advancement of women and the economic empowerment and leadership of the rural woman. The Committee requests the Government to send information on the results of the monitoring and evaluation of the implementation of the PPIOM and on the impact of the measures adopted on the supply of vocational training and the participation of women in the labour market, including in occupations traditionally held by men. The Committee requests the Government, in particular, to indicate the obstacles and difficulties observed in implementing the PPIOM, and to include statistical information disaggregated by sex on the distribution of men and women in the various vocational training options and the various occupations and economic sectors, including the results of the survey on the use of time. The Committee further requests the Government to report on the specific activities carried out by the Office for Gender and Labour Development.

Equal opportunities and treatment regardless of race and colour. In its previous comments, the Committee asked the Government to provide information on the results of the 2010 Population and Housing Census and on the measures taken to secure equal opportunities and treatment for Afro-Panamanians. The Committee notes the information supplied by the Government to the effect that according to the results of the census, 9.2 per cent of the population defines itself as Afro-descendant and 12.3 per cent, as indigenous. The Government adds that the INAMU has succeeded, through resolution 003-13 of 19 December 2013, in incorporating the Network of Afro-descendant Women in the National Council for Women (CONAMU). The Committee also notes that the Government provides statistical information on the level of income and education of Afro-Panamanian workers disaggregated by sex, but provides no information on the situation of Afro-Panamanian workers in comparison with the rest of the workers. The Committee likewise observes that the Government did not provide information on practical measures taken to promote equality of opportunity and treatment for the population of Afro-Panamanian descent. The Committee recalls that this group of workers, like indigenous workers, are as a rule more affected by unemployment or informal employment in low-skilled jobs and by low representation in top management positions (see General Survey on the fundamental Conventions, 2012, paragraph 766). The Committee requests the Government to send specific information on the measures taken to promote equality of opportunity and treatment in employment and occupation for Afro-Panamanian workers (particularly the measures taken under the National Action Plan for the Full Inclusion of the Black Ethnic Community) and indigenous workers.