Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Panama (Ratification: 1971)

Prospects for ratification of the most up-to-date instrument: Indigenous and Tribal Peoples Convention, 1989 (No. 169). In its previous comments, the Committee noted the agreement signed by the Government and indigenous leaders relating to the ratification of Convention No. 169, and asked the Government to continue providing information on the next steps for carrying out this ratification. The Government indicates in its report that it has held meetings with representatives of five comarcas (indigenous administrative areas) and two indigenous peoples pursuant to the Government’s commitment to revise the Convention. It points out that although Convention No. 169 has not yet been ratified by Panama, the national legislation relating to recognition of the rights of indigenous peoples is well advanced and significant progress is being made in the regulation of standards aimed at protecting the rights established therein. In this regard, the Committee notes with interest the adoption on 2 August 2016 of Act No. 37 providing for the consultation of indigenous peoples and obtaining their free and informed prior consent. This Act imposes the obligation on the Government to consult indigenous peoples whenever legislative and administrative measures are planned that directly affect their collective rights, physical existence, cultural identity, quality of life or development, including plans, programmes and projects for development at the national, regional and comarca level which directly affect these rights. At the institutional level, the Committee also duly notes the establishment in 2017 of the National Round Table for Indigenous Peoples, and the creation by Decree No. 203 of 27 July 2018 of the National Council for the Comprehensive Development of Indigenous Peoples, an advisory body comprising the Ministry of the Interior, representatives of indigenous peoples and a representative of indigenous women. It notes that the purpose of these mechanisms is to facilitate the participation of representatives of indigenous peoples in the formulation and implementation of public policies which concern them and affect their development. The Committee welcomes the Government’s efforts to establish a legal and institutional framework in accordance with the objectives of Convention No. 169. The Committee recalls that the Governing Body, at its 328th Session (October–November 2016), requested the Office to commence follow-up with the member States currently bound by Convention No. 107 with a view to: (i) encouraging them to ratify Convention No. 169, as the most up-to-date instrument in this subject area, which would result in the automatic denunciation of Convention No. 107; and (ii) collecting information from those member States with the aim of better understanding the reasons for their non-ratification of Convention No. 169 (see GB.328/LILS/2/1(Rev.)). The Committee therefore encourages the Government to consider the decision adopted by the Governing Body at its 328th Session and, following up on the above-mentioned initiatives, to examine the possibility of ratifying Convention No. 169.

Articles 2 and 5(b) of the Convention. Development of coordinated and systematic programmes . “Plan for the comprehensive development of the indigenous peoples of Panama (PDIPIP)”. In its previous comments, the Committee noted the agreement signed by the Government and indigenous leaders concerning the implementation of the “Plan for the comprehensive development of the indigenous peoples of Panama (PDIPIP)” and asked the Government to continue providing information on the implementation of coordinated and systematic programmes, with the participation of the indigenous peoples concerned. The Government explains that the background to the PDIPIP follows agreements concluded with the authorities of the indigenous peoples to resolve the dispute that existed between the Government and the Ngöbe-Buglé people and that it was drawn up with the participation of the 12 representative structures of the indigenous peoples of the country. The PDIPIP has three main components – political/judicial, economic and social – and is defined by the Government as a long-term process requiring constant review and evaluation. The Government indicates that it entered into a loan agreement with the World Bank in May 2018 in order to support the implementation of the PDIPIP and in turn strengthen its own capacity and that of the indigenous authorities in that process. In this regard, the document containing the socio-cultural evaluation for the PDIPIP implementation support project, published by the World Bank and the Ministry of the Interior on 17 January 2018, states that, as a result of participatory processes with the indigenous peoples, potential social risks and impacts have been identified, together with measures to avoid and alleviate them. The Committee notes that, by Executive Decree No. 202 of 27 July 2018, a steering committee was established for the project entitled “Comprehensive development plan for the indigenous peoples of Panama”, comprising ministerial and indigenous peoples representatives, as the high-level political decision-making and coordinating body to ensure the smooth implementation of the development plan. The Committee hopes that the Government will continue to make every effort and take the necessary measures to ensure the effective implementation of the three components of the “Comprehensive development plan for the indigenous peoples”, and requests it to provide information on the results achieved. The Committee also requests the Government to indicate whether the PDIPIP has been revised or evaluated in conjunction with the indigenous peoples concerned. The Committee further requests the Government to indicate in what manner the National Round Table for Indigenous Peoples collaborates in the formulation and implementation of development policies intended for indigenous peoples.

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