Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, as well as the Government’s reply to them.

Articles 2 and 5(b) of the Convention. Coordinated and systematic programmes. Participation of indigenous peoples. In its previous comments, the Committee noted the adoption of the Plan for the Comprehensive Development of the Indigenous Peoples of Panama (PDIPIP), formulated with the participation of the representatives of the various indigenous peoples of the country, as well as the support project for the implementation of the PDIPIP. In this regard, the Committee requested the Government to provide information on the results achieved through its implementation. The Committee also noted the establishment of the National Council for the Comprehensive Development of Indigenous Peoples (CNDIPI) as an advisory body on public policies targeting indigenous peoples.

The Committee notes the Government’s indication in its report that the PDIPIP seeks in the short term to respond to the urgent needs in terms of infrastructure and installations given priority by indigenous communities in the fields of health, education, water and sanitation. In the medium term, the Plan will contribute to the design and implementation of programmes to improve the quality and cultural relevance of these services, and in the long term to transforming the capacity of the Government and indigenous authorities to plan and invest in their territories. The execution of the PDIPIP is under the responsibility of several Ministries, which shall have the authorization of the traditional authorities and have to work in coordination with them. Five of the seven indigenous peoples in the country have defined their own plans of action through consultations involving indigenous women. The Committee takes due note of the activities and results achieved within the framework of the support project for the implementation of the PDIPIP between 2018 and 2020, and the information on the active participation of indigenous peoples in its execution and evaluation. It also notes the establishment of the Multisectoral Technical Working Group in the Department of Indigenous Affairs, which brings together the indigenous territories and comarcas in Panama and is called upon to examine broad themes such as the PDIPIP, governance in indigenous territories and other subjects of interest to indigenous populations.

The Committee also notes with interest Bill No. 316 of March 2020 establishing measures for the comprehensive development of the indigenous peoples of Panama which, according to the Government, has already been examined and received the support of the CNDIPI. In accordance with section 2 of the Bill, the Ministry of Economy and Finance shall incorporate and classify as compulsory the policies and objectives of the Government’s strategic plan for indigenous peoples and establish plans for indigenous development together with the Department of Indigenous Affairs and the CNDIPI. Section 4 of the Bill also provides that the participation of indigenous peoples shall be promoted in the formulation, design, application and evaluation of development programmes that concern them.

The Committee welcomes the measures taken by the Government for the implementation of the PDIPIP and requests it to continue providing information on the progress achieved in its various policy areas and on the number of communities that have benefited. The Committee also encourages the Government to continue promoting the participation of indigenous peoples, including, as indicated by the Government, indigenous women, in the formulation, implementation and evaluation of the development plans that concern them. In this regard, the Committee requests the Government to provide information on the manner in which indigenous peoples collaborate with the Multisectoral Technical Working Group of the Department of Indigenous Affairs. Finally, the Committee requests the Government to provide information on the progress achieved in the adoption of Bill No. 316 of March 2020 establishing measures for the comprehensive development of the indigenous peoples of Panama.

Article 11. Lands. Adjudication processes. In its previous comments, the Committee welcomed the adoption of Act No. 72 of 23 December 2008 establishing the special procedure for the adjudication of the collective ownership of lands by indigenous peoples which are not within comarcas, and it requested the Government to provide updated information on the collective lands adjudicated under the terms of the Act. The Committee notes the observation by the CONUSI that the Government has not made available updated information on the number of communities that have benefited from adjudication processes, and that the Bri Bri indigenous community requested the adjudication of its ancestral lands before the National Land Administration Authority (ANATI) in 2015, but that its claims were denied. The Committee recalls that in previous comments it noted that the Government had established dialogue forums to address the issue of the recognition of the collective territory of the Bri Bri people.

The Committee also notes the reference by the Government to the adoption of Decision No. DM-0612-2019 of 29 November 2019 of the Ministry of the Environment establishing the legal criterion to be applied by the Ministry of the Environment to determine the feasibility of approving the claims made by indigenous communities for the adjudication of collective lands, the boundaries of which coincide partially or totally with protected areas or State forest lands. In accordance with the Decision, requests for adjudication submitted by indigenous peoples shall be approved on condition that, on the basis of a technical report issued by the Department of Indigenous Affairs, the traditional occupation commenced prior to the creation of the respective protected areas or, in the case of State forest lands, that the occupation commenced prior to the entry into force of Act No. 1 of 1994 respecting forest law. The Decision also provides that, in the event of the existence of recognized collective lands of indigenous peoples, the boundaries of which coincide partially or totally with protected areas or State forest lands, the communities concerned shall submit a plan for the sustainable use of the natural resources and the community development of such areas for approval by the Ministry of the Environment.

The Committee requests the Government to take the necessary measures to address as soon as possible the claim for the recognition of the collective ownership by the Bri Bri indigenous community of the lands that they traditionally occupy and encourages it to continue dialogue with that community to seek a solution. The Committee also once again requests the Government to provide updated information on the number of requests for the adjudication of collective lands which have been approved under Act No. 72 of 2008, including the number of beneficiary communities as well as the number of requests that have been rejected along with the reasons for such rejection and the number of requests still under consideration. Finally, the Committee requests the Government to provide examples of plans for the sustainable use of natural resources submitted by indigenous communities under the terms of Decision No. DM-0612-2019 of 29 November 2019 of the Ministry of the Environment.

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