Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2134 (Panama) - Complaint date: 24-MAY-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 105. At its meeting in March 2004 [see 333rd Report, paras. 113-115], the Committee recalled that the issues pending in the case referred mainly to the allegations of dismissal of trade union officials in the context of mass dismissals of public servants for partisan political reasons, which have affected thousands of public servants since the new Government took over (in September 1999), and the Committee at its March 2003 meeting had made the following recommendations:
2. – The Committee requests the Government to examine the possibility of offering new posts to the union officers dismissed, on the understanding that it is for the complainant to demonstrate the status of the 60 persons concerned as union officers. The Committee requests the Government to keep it informed in this respect.
3. – The Committee requests the Government to send it a copy of the ruling given in the criminal trial of the union officer, Alberto Ibarra, for offences against honour.
4. 106. In its March 2004 meeting, the Committee took note of the Government’s communication of 30 October 2003, in which it stated, with regard to the 60 persons mentioned by the complainant organization as being trade union officials, that in the documents submitted it had not noted that any of these were accredited as trade union officials, and that the complainant organization had also not provided proof to uphold the allegation, as requested by the Committee. With regard to the information requested on the ruling given in the criminal trial of Alberto Ibarra, the Government stated that the hearing set for April 2003 had been held but that the decision relating to this was pending. The Committee requested the Government to send it a copy of the ruling in the criminal trial of the union officer, Alberto Ibarra, for offences against honour, when this was handed down.
5. 107. Subsequently, the National Federation of Associations and Organizations of Public Servants (FENASEP) sent a communication dated 6 February 2004 referring to the Government’s previous reply and containing list of 14 senior managers of the Banco Hipotecario Nacional, whose status as senior managers was publicly known and legally certified. It also sends an attestation from the National Council of Unionized Workers (CONATO) stating that Ms. Xiomara Ita de Ambulo has been a FENASEP representative since 1993. FENASEP claims the status of trade union official for a number of other individuals, but the corroborating evidence to which it refers has not been forthcoming.
6. 108. In its communication of 27 December 2004, the Government states that the alleged dismissals in this case were carried out by the previous Government for political reasons, and that the present Government will assess each case on its own merits. In its communication of 24 May 2004, the Government states that there has still been no ruling on the criminal proceedings against trade union official, Alberto Ibarra, for offences against honour, and that it will transmit the text of that ruling as soon as it is handed down. In its communication of 25 February 2005, the Government states that it is more than willing to comply with the ILO Conventions ratified by Panama, and has for that reason, and with a view to resolving these cases, proposed the establishment of a joint commission with FENASEP to seek, through dialogue and consultation, solutions which will as far as possible give effect to the recommendations of the Committee on Freedom of Association. To that end, the Government is planning the next phase of the commission to take place in the second week in March, and representatives of the ILO and of the PSI will be invited to attend these meetings as observers. The Government states that it will in due course report on any progress made and results achieved. In its communication dated 20 May 2005, the Government states that the bipartite commission has been established and studies the possibility to resolve the pending questions through negotiation.
7. 109. The Committee is still awaiting the ruling in the criminal proceedings against Alberto Ibarra for offences against honour. At the same time, the Committee notes with interest the Government’s indication that it has established a joint commission with FENASEP to seek, through dialogue and consultation, solutions to problems raised by that organization and that the commission studies the possibility to resolve the pending questions through negotiation. The Committee recalls that on previous occasions, it had requested the Government to examine, with FENASEP, the possibility of offering new posts to the union officers (whose status as union officers must be duly accredited) dismissed for political reasons in September 1999. The Committee requests the Government to keep it informed in this regard.