Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2024. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy on equality of opportunity and treatment. Race, colour and national extraction. The Committee notes the information provided by the Government in its report, according to which: (1) the National Plan for the Development of Afro-Panamanians 2022–2030 is the main tool for promoting the inclusion of Afro-descendant peoples in Panama; (2) Act No. 379 of 26 May 2023 established the National Secretariat for Policies and Development for Afro-Panamanians, which is responsible for steering and implementing social inclusion policies; (3) the Ministry of Education has established preventive measures to avoid discrimination or distinction on ethnic and cultural grounds in state and private educational centres in the country; (4) the “2020 Decade Census: XII National Population Census and VIII Housing Census” (2023) revealed that 31.7 per cent of the population self-identified as Afro-descendant, of which 49.9 per cent were women; and (5) in December 2022, an awareness-raising and education programme for the prevention of ethnic and racial discrimination in the public sector was implemented, from which 15,553 public servants benefited between January and August 2023. The Committee welcomes the measures adopted and requests the Government to provide information on the impact of those measures on access to training, employment and occupation for Afro-Panamanian peoples, with a particular emphasis on women.

Articles 1 to 3. National policy on equality of opportunity and treatment. Disability. The Committee notes the Government’s indications that: (1) between 2022 and 2023, 433 persons with disabilities participated in training courses provided by the National Vocational Training and Skills Institute for Human Development (INADEH), primarily in the areas of information technology, handicrafts, carpentry and upholstery, farming and human development; (2) between 2019 and 2024, the General Directorate of the National Disability Secretariat (SENADIS) held 125 training days on the rights of persons with disabilities, in which 4,473 persons participated; and (3) between 2019 and 2024, the number of inclusive educational centres, and special education teachers and specialists in learning difficulties increased by 23 per cent and 38.65 per cent, respectively. The Committee takes due note of this information and requests the Government to report on the results achieved in follow-up to the training and awareness-raising activities on the labour inclusion of persons with disabilities.

Articles 1 to 3. National policy on equality of opportunity and treatment. Sex. National policy on gender equality. The Committee notes the various measures implemented by the Government, including: (1) the creation of the Ministry for Women, by means of Act No. 375 of 8 March 2023; (2) the launch of the process to evaluate the Action Plan on Equal Opportunities for Women (PPIOM) 2016–19; and (3) the submission to the National Assembly of the Bill “creating the National Care System of Panama”. The Committee also observes that the Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the Government “address the unemployment rate among women through temporary special measures that encourage, promote and facilitate women’s access to formal employment across all sectors of the economy, especially for those from marginalized groups” (CEDAW/C/PAN/CO/8, para. 36, 1 March 2022). The Committee requests the Government to provide information on the impact of the creation of the Ministry for Women on the employment and occupation of women, and on the outcome of the evaluation of the Action Plan on Equal Opportunities for Women (PPIOM) 2016–19. The Committee also requests the Government to continue to provide information on the measures adopted to promote a more equal distribution between women and men in all areas of vocational training, and on the impact of those measures on access to, retention in, and progression within employment.

Sexual harassment. The Government indicates that: (1) between 2023 and 2024, two complaints of sexual harassment were processed (one of which is pending resolution and the other in which fault was found); (2) between 2016 and 2023, four persons were prosecuted for offences of sexual harassment and harassment (in three cases, there was a conditional suspension of proceedings, and one person was convicted); and (3) no cases of discrimination based on sex were filed with the labour courts. The Committee once again requests the Government to provide information on the application of section 6(2) of Act No. 7 of 14 February 2018, which provides for the establishment of an adequate and effective internal complaints and resolution procedure, to enable the filing of complaints of harassment, sexual or moral harassment, racism and sexism, and on the handling of complaints filed through this procedure. It also requests the Government to continue to provide information on the number of cases identified by the labour inspectorate or filed before the judicial authorities, and on the outcome of those cases, the sanctions imposed and the remedies granted.

Occupational segregation. The Committee notes the Government’s indications that: (1) training was provided to women in various trades and occupations through the Mujer Cambia Tu Vida (“Women, change your life”) programme and the activities conducted by INADEH, particularly in areas such as dressmaking, textiles, handicrafts, beauty, cosmetology and business management, although to a lesser extent in sectors traditionally dominated by men, such as transport, heavy machinery operation, dock work, auto mechanics, maritime work and civil construction; (2) women are under-represented in occupations such as agricultural, forestry and fishery workers, hunters, stationary plant and machine operators, and mobile plant assemblers, drivers and operators; and (3) in occupations such as managers, professionals, technicians and associate professionals, women outnumber men and have a higher level of education in several of these categories, but earn lower or barely equivalent average monthly incomes. The Committee notes the observations by CONUSI, which point to the worsening occupational segregation of women workers due to the lack of effective measures implemented by the Government. The Committee requests the Government to provide information on any progress achieved in addressing horizontal and vertical occupational gender segregation – including through the Mujer Cambia Tu Vida (“Women, change your life”) programme and the activities conducted by INADEH – with the aim of addressing the underlying causes of this segregation and remedying them in an appropriate and sustainable manner, in particular with regard to facilitating women’s access to full-time work and permanent employment.

Access to education and vocational training for women from groups that are vulnerable to discrimination. The Committee notes the information provided by the Government on various initiatives aimed at improving access to education and vocational training for vulnerable women. In particular, the Committee notes the information on the number of women who benefited from literacy programmes (Muévete por Panamá – “Move for Panama”), especially in rural and indigenous areas (1,516 women from localities (comarcas)), and from labour integration projects under the Public policy on the employability and labour market integration of young women and women in situations of socio-economic vulnerability in Panama (PEIM). The Committee also notes the Government’s indications that school drop-out rates among indigenous girls decreased at the primary and pre-secondary education levels, but persist at the secondary education level, and that a Bill on preventing school dropouts and exclusion from education, and on promoting the reintegration of students into the system, has been submitted to Congress. The Government also indicates, with regard to the integration of indigenous students, that several strategies have been established, such as the Conéctate con la Estrella (“Connect with the stars”) project and the Ari Taen Jadenkä programme, and that the Autonomous University of Indigenous Peoples was created. The Committee welcomes the measures adopted by the Government and requests it to continue to provide information on the impact of those measures, such as the evolution of literacy rates in the groups concerned, and the rates of effective access to employment following the provision of training.

Temporary contracts. The Committee notes the observations by CONUSI, which indicate that: (1) the Ministry of Labour has no policy to prevent temporary employment contracts from being used as an element of discrimination in employment against pregnant women; and (2) there is currently no information or data on any administrative procedure to fine enterprises that violate the agreement on non-discrimination against pregnant women workers. The Committee requests the Government to provide its observations in this respect.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee welcomes the measures adopted by the Government, including the implementation of the “Label for Gender Equality in Private Enterprises” and “Label for Gender Equality in the Public Sector” programmes, aimed at reducing gender pay gaps in the public and private sectors, and the adoption of the Strategic Plan 2019–24 to combat poverty and inequality through comprehensive actions on pay gaps. The Committee also notes with interest the information contained in ILO Technical Report No. 51 for the Southern Cone (2025), according to which the factor-weighted gender pay gap based on monthly income (average) was 18 per cent in 2023, placing Panama among the top three countries in the region that achieved the greatest reduction in the gender pay gap between 2010 and 2023. The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment for men and women in employment and occupation, and particularly to issues concerning access to employment and occupational segregation. The Committee refers in, this regard, to its comments on Convention No. 111. The Committee requests the Government to continue to provide information on the measures adopted and on their impact on the reduction of the gender pay gap.

Articles 1 and 2. Principle of equal remuneration for men and women for work of equal value. Legislation. The Committee notes the Government’s indications in its report that the National Constitution establishes that “an equal salary or wage shall be paid for work carried out in the same conditions”, which also covers the principle of work of equal value. The Committee also notes the Government’s indications that: (1) Bill No. 615, which recognizes equal pay for women in the private and public sectors, is currently undergoing public consultation in the National Assembly of Deputies; and (2) it plans to avail itself of ILO technical assistance to address, in the legislation in question, the definition of the principle enshrined in the Convention. The Committee welcomes these initiatives and requests the Government to provide information on any developments in this respect.

Articles 1 to 3. Application of the principle of equal remuneration. Minimum wage. The Government provides information on various measures concerning the minimum wage policy, including Executive Decree No. 1 of 10 January 2024, which sets the new minimum wage rates currently in force throughout the national territory, and which has contributed, according to the Government, to minimizing wage disparities by region. The Committee notes the observations by CONUSI, according to which the Government does not provide any data or policy outcomes that could demonstrate how gender bias is prevented in the minimum wage-setting machinery. The Committee once again requests the Government to provide information on the measures envisaged or adopted to ensure that the setting of minimum wages is free from gender bias, so as to guarantee that the principle enshrined by the Convention is fully applied when fixing minimum wage rates.

Collective agreements. The Committee notes the measures implemented by the Government, including a campaign on equal pay entitled Igual Trabajo – Igual Salario (“Equal work – Equal pay”) and the label Yo Si Cumplo (“I comply”) by the Ministry of Labour and Workforce Development (MITRADEL), which certify the recognition of good labour practices among employers and workers, and compliance with the labour principles and legislation contained in the Constitution, codes, decrees and agreements, including the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on any collective agreement that includes provisions aimed at ensuring equal remuneration for work of equal value.

Conventions Nos 100 and 111 – Application in practice

Impact of the COVID-19 pandemic. The Committee notes the information provided by the Government on the percentage of men and women whose contracts were suspended during the COVID-19 pandemic, the economic activities most affected by this suspension of contracts, and the job terminations and reintegration rates following the pandemic, including the percentage of men and women who were dismissed. The Committee notes this information, which addresses its previous request.

Labour inspectorate. The Committee welcomes the efforts undertaken by the Government, in collaboration with the ILO, to build the capacities of inspection staff through the use of the Manual and Guide for Labour Inspections with a Gender Focus (2023). In particular, the Committee notes that this document includes: (1) a section on wage gaps, including a question in the interviews with employers on the criteria used to set wages in different jobs; and (2) a section on discrimination in the allocation of remuneration-related incentives. The Committee requests the Government to provide information on the number of cases of discrimination in remuneration on the grounds of sex that have been detected by the labour inspectorate, the penalties imposed and the remedies granted.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021. The Committee also notes the Government’s response.

Impact of the COVID-19 pandemic. In its observations, CONUSI indicates that many Panamanian women workers have been greatly affected by the pandemic, being subjected to dismissals and violations of rights such as reductions in pay. CONUSI considers that in 2021 the gender pay gap and gender-related occupational segregation have worsened. The Committee notes that the Government indicates, in its reply to CONUSI’s observations, that during the pandemic the Plan of Action of the Gender Parity Initiative (IPG Panamá) produced several documents on the situation of women and the measures to address the impact of the pandemic on women. The Committee notes the Government’s indication in its report that the Ministry of Labour and Employment Development (Ministry of Labour) has measured the impact of the pandemic on the participation of women in employment, with the aim of seeking strategies to promote the stability of women in different jobs at all levels and with equal pay, and to reduce the pay gap during the time of pandemic. The Committee requests the Government to provide detailed information on the impact of the pandemic on women’s employment and conditions of work (and also statistics on the number of dismissals and reductions in pay resulting from the crisis, disaggregated by sex). The Committee also refers to its comments on this subject relating to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 1 and 2 of the Convention. Wage gap and occupational segregation. The Committee notes the Government’s indication, in reply to its request for information on the evolution of the wage gap and the specific vocational training measures for women, that it is continuing its efforts to overcome the gaps indicated and refers to: (1) the implementation of the project, supported by the United Nations Development Programme (UNDP), on “Employment equality in Panama: Support for the implementation of the institutional equality plan and gender equality seal in enterprises”; (2) the “INAMU (National Women’s Institute) in your community” programme, which consists of the creation of networks of women promoting the empowerment and economic autonomy of women; and (3) the Mujer cambia tu vida programme, which includes the development of training projects in traditional and non-traditional occupations which promote and strengthen the empowerment and development of the entrepreneurship of rural women. The Committee takes note of the statistics sent by the Government showing, for 2019, that the median wage was 721.70 Panamanian balboas (PAB) for women and PAB722.10 for men. The Committee also observes that according to such statistics, women have a higher median wage than men in 10 out of 19 economic activities (for instance, in construction, agriculture, and entertainment). The Committee nonetheless notes that data disaggregated by occupation shows that women earn a lower median wage than men in all occupations, particularly women agricultural workers and women who are artisans or construction workers. While noting the efforts of the government to provide statistical information, the Committee observes that such data does not enable the Committee to draw any definitive conclusions regarding such differences in the median wage between women and men. For instance, it does not show if women earn more in specific sectors because they occupy jobs with a higher remuneration, if the statistical samples are representative of the sector, or if women are more present in sectors where their median wage is higher than men’s.

With regard to the impact of the “Plan of Action for equal opportunities for women (PPIOM) 2016–19” on reducing the gender-related wage gap and occupational segregation, the Committee notes the detailed information provided by the Government on the various actions implemented, including: (1) the fact that Panama was the first country in Latin America to join the Equal Pay International Coalition (EPIC), carrying out a pilot study free of gender bias in this context in 2018 with ILO technical assistance and implementing an EPIC National Plan; (2) the periodic production of Clara González national reports on the situation of women in Panama including systematic information on the situation and condition of women; (3) the adoption of Act No. 7 of 14 February 2018 adopting measures to prevent, prohibit and penalize discriminatory acts; (4) the adoption of Decree 241-A of 11 July 2018, regulating Act No. 56 of 11 July 2017, establishing that in the course of three years the number of women in decision-making positions in public and private entities has increased by at least 30 per cent; (5) the reinforcement of the network of public and civil entities producing and using statistical information with respect to gender mainstreaming in national statistics; (6) the IPG Panamá a public-private partnership model for promoting strategies to close gender gaps in the labour market and presenting proposals to the Government’s committee for economic recovery in the wake of the health crisis; and (7) the revival of the Gender Equality Committee at the Ministry of Labour in 2021. The Government also provides detailed information on the gender equality seal for private enterprises and the public sector and provides the list of certified enterprises and institutions. In its observations, CONUSI considers that the Government does not present any new data or information in its report that can demonstrate the concrete positive impact of the implementation of the PPIOM 2016–19 on reducing the wage gap. The Government indicates, in reply to these observations, that the “Network of public and civil entities that use and produce statistics for the introduction of a gender perspective in national statistics” has made progress in the validation and update of indicators for gender equality and in the ratification of a work plan. It also adds that under IPG Panamá 93 activities were carried out, impacting more than 3,500 women and 3,000 organizations. In this regard, the Committee recalls that it is essential to have appropriate data and statistics in order to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see 2012 General Survey on the fundamental Conventions, paragraph 891). The Committee notes the Government’s efforts to develop programmes aimed at reducing the gender wage gap. The Committee requests the Government to compile and communicate information on:

• (i)the impact of measures adopted in relation to the gender wage gap and to increase the diversity of occupations for men and women, and
• (ii)statistics disaggregated by sex on the distribution of men and women in the different sectors and occupations and their respective levels of pay.

Article 2(2)(b). Minimum wage. The Committee welcomes the Government’s indication that a reference to the principle of the Convention was included in the preamble of the Minimum Wage Executive Decree (No. 424 of 31 December 2019). It also indicates that the Decree is applied in accordance with article 67 of the Constitution and section 10 of the Labour Code, which guarantee the principle of wage equality. In its observations, CONUSI indicates that this principle is not taken into consideration when establishing minimum wage rates by activities, which depend on criteria such as geographical areas or regions and the size of enterprises. The Committee notes that, in certain sectors that are traditionally considered “female”, such as education, social or health services, lower minimum wage rates are applied than in sectors traditionally considered “male”, such as construction (PAB3.24 and 3.05 per hour in construction; PAB2.88 and 2.34 per hour in education; and PAB2.94 and 2.40 per hour in social and health services). In this regard, the Committee recalls the importance of ensuring that in minimum wage schemes certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills (see 2012 General Survey, paragraph 706). The Committee therefore requests the Government to provide information on the measures taken or contemplated to ensure that the setting of minimum wage rates is free from gender bias in order to ensure that the principle of equal remuneration for men and women for work of equal value is fully applied when fixing minimum wage rates.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee takes note of the data provided by the Government on the seminars held by the Panamanian Institute of Labour Studies in relation to collective bargaining. It notes that no information is provided on collective agreements that take account of the principle of the Convention. CONUSI indicates in its observations that it is unaware of the existence, among the Ministry of Labour’s training plans and programmes or in the context of its role as a mediator in collective negotiations, of measures that promote the inclusion in collective agreements of clauses containing the principle of equal pay for men and women for work of equal value. The Committee requests the Government to provide information on:

• (i)the specific measures taken to promote the inclusion of clauses concerning the principle of the Convention in collective agreements; and
• (ii)any collective agreement concluded which addresses this principle.

Enforcement. Labour inspection. The Government indicates that labour inspectors have not been given training exclusively on the principle of the Convention but that the subject is covered in training on gender equality. It also indicates that the labour inspection training centre is carrying out the relevant coordination with the Gender and Equal Opportunities Office and with the Panamanian Institute of Labour Studies to develop training programmes on equal pay and non-discrimination at work. As regards inspection activities, the Government indicates that there is no evidence in inspection report records of non-compliance with the Convention or complaints regarding pay inequalities. In its observations, CONUSI expresses regret that there is no training programme for labour inspectors aimed at effective monitoring of the principle of the Convention and points out that the fact that there is no evidence of non-compliance with the Convention or complaints regarding pay inequalities shows that the work of labour inspectors is not designed or implemented with the aim of securing compliance with the Convention. The Committee emphasizes that the absence of complaints does not necessarily mean that pay discrimination does not exist; rather, it might reflect the lack of an appropriate legal framework and lack of capacity in labour inspection, whose primary duty should be the monitoring of the relevant provisions. The Committee requests the Government to provide information on any measures taken or envisaged to improve the capacity of labour inspectors and other public officials to identify and process cases of pay inequality and to examine whether substantive and procedural provisions enable, in practice, the presentation of complaints in this regard and follow-up action on them.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Articles 1(b) and 2(2)(a) of the Convention.Work of equal value. Legislation. The Government indicates in its report that it received technical assistance from the ILO in 2017 and 2019 regarding measures to harmonize its legislation with the principle of the Convention, in particular section 10 of the Labour Code (which provides for “equal pay for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”). In its observations, CONUSI expresses the view that there is no justification for the legislative amendments not to have been carried out by the Government. The Committee notes the Government’s response indicating that due to political elections and the change of government, it was not possible to follow-up on the assistance provided by the ILO, and that consideration is being given to requesting technical assistance again. The Committee recalls that on numerous occasions it has pointed out that the legislation should not only provide for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination in situations where men and women perform different work that is nevertheless of equal value (see the 2012 General Survey on the fundamental Conventions, paragraph 679). The Committee therefore once again requests the Government to take steps to expand the definition contained in its legislation of the principle of equal remuneration for men and women for work of equal value, in accordance with the provisions of the Convention. The Committee reminds the Government that it may continue to avail itself of the technical assistance of the Office on this matter if it deems it necessary.

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

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

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, and the Government’s response.

Impact of the COVID-19 pandemic. In its observations, CONUSI indicates that during the pandemic there was an increase in workplace discrimination on the basis of sex. It refers in this respect to Decree No. 81 of 20 May 2020, which provides that the contracts of workers in enterprises whose operations have been closed, in accordance with preventive measures to combat the COVID-19 pandemic, shall be considered suspended for all employment-related purposes. Under section 3 of the Decree, this suspension implies that workers are not obliged to provide services and employers are not obliged to pay wages. CONUSI points out that the Government’s goal of preserving jobs through the suspension measures has not been achieved and that, as at June 2021, the Ministry of Labour and Employment Development (Ministry of Labour) (MITRADEL) recorded that 40 per cent of the suspended contracts had not been reactivated. CONUSI indicates that it alerted the Government that the measures adopted in the context of the pandemic were violating maternity protection and the maternity allowance and that the Government confirmed in reply that pregnant women could also be affected by the suspension provided for in Decree No. 81. In its response, the Government indicates that section 116-A of Act No. 157 of 3 August 2020, read in conjunction with the Labour Code, provides that the period of protection covering women who have been reintegrated into their jobs following confinement (one year) does not apply if the effects of the employment contract have been suspended under the terms of subsections 8 (unforeseeable circumstances or force majeure) and 9 (economic crises) of section 199 of the Labour Code. The remaining period of protection is reactivated as soon as the women worker is reintegrated. This means that the period of suspension does not run in parallel with the period of protection and the latter continues from the day on which the suspension of the contract ends, which is totally beneficial, when it is considered that during the period of contract suspension no worker can be dismissed. The government adds that the provisions of Act No. 157 of 2020 were transitional until 31 December 2020, with the exception of the addition of section 116-A of the Labour Code. The Committee requests the Government to provide information on the measures taken to evaluate the impact of the contract suspension system envisaged as a response to the pandemic on the employment of men and women workers, providing statistical data disaggregated by sex on the number of contracts suspended and the rate of return to work. It also requests the Government to indicate the measures adopted to ensure that women who are pregnant and on maternity leave are able to return to work as soon as possible, without risk of discrimination, particularly on grounds of pregnancy or maternity.

Articles 1 and 2 of the Convention. Discrimination on the basis of sex. With regard to the protection of women workers on temporary contracts in cases of discrimination on the grounds of pregnancy or maternity, the Government indicates in its report that under section 75 of the Labour Code contracts for a definite period must be clear and specific, as they would otherwise become indefinite contracts. The Government also indicates that in the case of women with special conditions, such as pregnancy or maternity, protection exists which has the status of a constitutional guarantee, and that section 38 of Decree No. 53 establishing regulations to implement Act No. 4 of 29 January 1999 establishing equal opportunities for women provides that “any requests from public or private employers for evidence of pregnancy, photographs, age limitations, civil status or the application of racist criteria shall be considered discrimination against women at work”. As regards reversing the burden of proof, the Government reiterates that the first step for dismissing a pregnant worker is the need for authorization from the labour authorities, where the employer is obliged to demonstrate that there is good reason for proceeding with the dismissal. The Committee notes the assertion by CONUSI in its observations that in a context where the number of temporary contracts in the country is increasing, it is difficult to establish the extent of cases of discrimination on grounds of pregnancy or maternity in relation to temporary contracts, since the relevant statistics are not disaggregated by sex or type of contract. The Committee recalls that discriminatory practices related to pregnancy or maternity have been particularly linked to dismissal and denial of the return to work following maternity leave, or the use of temporary contracts to discriminate against pregnant women (see General Survey on the fundamental Conventions, 2012, paragraph 784). The Committee once again requests the Government to provide information on the measures taken to ensure that women with temporary contracts are not subjected to discrimination on the grounds of pregnancy or maternity and are not denied a return to work after a period of maternity leave.

Sexual harassment. The Committee previously urged the Government to consider the possibility of including a provision in the Labour Code or adopting specific legislation 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. The Committee also asked the Government to provide information on the outcomes of complaints of sexual harassment at work. The Government indicates that Act No. 7 of 14 February 2018, adopting measures to prevent, prohibit and penalize discriminatory acts and laying down other provisions, defines sexual or moral harassment as “any systematic, continual or repeated action or omission in which a person insinuates, invites, requests, pursues, limits or restricts rights, curtails freedom, acts grossly with insults, or humiliates another person in order to obtain a sexual favour or affect their dignity. In the workplace, this includes, but is not limited to, exploitation, or denying the victim the same employment opportunities or the same selection criteria, or refusing to respect the person’s continuing presence in employment, or relates to general conditions of work or involves disparaging the work performed. In the educational sphere, it consists of threats, intimidation, humiliation, mockery, physical mistreatment, discrimination against persons with disabilities or any other type of discrimination, whether or not it is based on the gender of the victim” (section 3(1)). The same Act provides that non-compliance with the established provisions shall incur the penalty of a fine of 550 to 1,000 Panamanian balboas (PAB) for the enterprise, and that the hierarchical superiors of public institutions shall be deemed to have violated the duties of public servants, as established and sanctioned by the Penal Code (section 8). The Act also provides that all employers must establish – by means of workplace regulations, collective agreements or management orders – an adequate and effective complaints and settlement procedure, to enable complaints against such conduct to be made (section 6(2)). This procedure must establish internal policies in line with the provisions of the Act, promote confidentiality, protection for the complainant and for witnesses, and also exemplary penalties for any person guilty of such conduct. The Government also indicates that the Ministry of Labour has drawn up a model protocol to identify, prevent and tackle gender-related violence, which establishes the obligation for enterprises and public institutions to draw up procedures to prevent harassment, including sexual harassment. While duly noting this information, the Committee observes that the Government’s report does not include any information on the practical handling of complaints made of sexual harassment at work. The Committee requests the Government to provide information on internal complaint and settlement procedures adopted pursuant to section 6(2) of Act No. 7 of 14 February 2018, and on the action taken on complaints of sexual harassment at work made through these procedures. The Committee also requests the Government to provide detailed information on the number of cases identified by the labour inspectorate and of complaints lodged – including in judicial proceedings in the civil, administrative and criminal courts – and also on the outcome of such cases, the penalties imposed and remedies granted.

Article 2. National policy on gender equality. In reply to the Committee’s request concerning the impact of the Plan of Action on equal opportunities for women (PPIOM) 2016–19, the Government indicates that it has not yet been possible to undertake the evaluation of the PPIOM 2016–19 as the period for its implementation has not been fully completed, a situation aggravated by the start of the COVID-19 pandemic. However, the Government provides detailed information on the development of the PPIOM 2016–19, including details of the activities of the Government Mechanism Network comprising 48 public bodies – and the five working groups within the network, responsible for ensuring implementation of the strategic actions and guidelines of the ten thematic areas of the PPIOM 2016–19. The Government also refers to a series of recent initiatives, such as: (1) the design and launch of a digital survey on gender equality at work and in the family during the COVID-19 pandemic; (2) the Programa de Desarrollo, Mujer en Logística (“women in logistics development programme”) pilot project for identifying and assisting women in vulnerable situations, and building technical and leadership skills for their return to the labour market; (3) the Eje Cambiando Vidas (“changing lives”) project, which seeks to empower women through entrepreneurship, training and cooperativism, promoting their economic independence and empowerment; (4) the training workshop for domestic workers and housekeepers who study at the Mujer Maria Auxiliadora Training Centre (CECAMMA); and (5) the training programme against violence and discrimination towards women as part of the activities of the Authentic Federation of Workers (FAT). The Government also provides statistical information, disaggregated by sex, on the distribution of graduates of the National Institute of Vocational Training and Human Resource Development (INADEH) in the various occupational categories, indicating, inter alia, that: (1) between 1 January and 31 May 2021, a total of 47 women and 17 men graduated in the Guna Yala indigenous area, and 305 women and 299 men graduated in the Ngäbe Buglé indigenous area; (2) in 2020, a total of 10,442 men and 21,804 women graduated within the general population; (3) of these graduates, a higher proportion of women received training in the areas of business management (2,893 women and 699 men) and information technology (3,597 women and 1,500 men); and (4) between 2017 and 2021, 57.4 per cent of the population who attended INADEH are women, with the majority engaged in activities in the services sector and agriculture. While duly noting this information, the Committee observes that, according to the same statistics, the percentage distribution of graduates by sex, according to training areas, shows significant segregation in certain sectors, such as beauty treatment and cosmetology (94 per cent of graduates are women), fashion and textiles (92 per cent of graduates are women), mechanical engineering (93 per cent of graduates are men) and automotive engineering (92 per cent of graduates are men). In this regard, the Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see 2012 General Survey, paragraph 750). The Committee requests the Government to continue providing statistics, disaggregated by sex, on the distribution of men and women in the various categories of vocational training and areas of occupation. The Committee also requests the Government to provide information on any measures taken to promote access to training that seek to expand the diversity of occupations for men and women, and to provide detailed statistics disaggregated by sex on the specific impact of these types of training on access to employment.

Access to education and vocational training for women from groups that are vulnerable to discrimination. With regard to measures to reduce the school drop-out rate of pregnant teenagers and ensure access to education and vocational training for rural and indigenous women, the Government indicates that most of the services provided by the Ministry of Social Development (MIDES) target vulnerable sectors, and refers to the following initiatives: (1) the Counselling and Comprehensive Care Centre (COAI); (2) the MIDES literacy programme; (3) the territorial networks project; (4) the National Secretariat for the Development of Afro-Panamanians (SENADAP); (5) the company sponsorship programme; and (6) the opportunities network programme. The Government also provides information on the activities of the National Institute for Women (INAMU) on training, and specifically the Tu Puedes Mujer (“women can”) programme, developed in 2018 in ten provinces and two indigenous areas (Ngäbe Buglé and Emberá Waunaan), and in 25 communities, of which 24 are rural and six are indigenous; as well as the Mujer Agricultora (“women farmers”) and Mujer Cambia Tu Vida (“women change your life”) programmes. The Mujer Cambia Tu Vida programme continued to develop in the first half of 2021, benefiting 103 participants, of which 99 were women, and training is planned for indigenous women’s groups in the Ngäbe Buglé and Emberá Waunaan indigenous areas. The Government also provides information on the activities of the Ministry of Education (MEDUCA) aimed at reducing school drop-out rates and the percentage of pregnant teenagers, including the sexual and reproductive health programme for the prevention of teenage pregnancy. The Government’s report also includes statistical information indicating that in 2019 there were 40 cases of pregnant students and a drop-out rate of 1.0, while in 2018 there were 33 pregnant students and a drop-out rate of 0.9. In its observations, CONUSI indicates that high illiteracy and school drop-out rates persist among the indigenous population (the literacy rate for indigenous women is 75.4 per cent and for non-indigenous women it is 98.5 per cent). It also notes that 18.5 per cent of pregnant teenagers were registered in the indigenous area (319 in the Guna Yala indigenous area and 1,476 in Ngäbe Buglé), and that three quarters of pregnant teenagers drop out of school, which evidences the lack of relevant safeguards and monitoring by the institutions. CONUSI emphasizes that the Government’s reports on this matter fail to assess the impact that the measures taken have had on addressing the problem. In its response, the Government refers to other curricular and extracurricular strategies for the reinforcement of vocational guidance and training through the strategic agreements and alliances of the MEDUCA. The Committee welcomes the information provided by the Government and requests it to continue providing information on the training activities specifically targeting women from vulnerable groups (rural and indigenous women) to reduce the illiteracy rate and promote their access to better job opportunities, as well as on the specific impact of such measures (evolution of literacy rates among the groups concerned, rates of effective access to employment after training, etc.). The Committee also requests the Government to provide updated data on the school drop-out rate of pregnant teenagers, the measures taken to reduce this rate and their actual impact.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the information provided by the Government, in reply to its request regarding measures taken to promote equality of opportunity and treatment in employment and occupation of Afro-Panamanian workers, on the activities of the SENADAP, the work plan of which includes: (1) updating the National Plan for the Development of Afro-Panamanians 2007, to present it in final form as the Overall Plan for the Development of Afro-Panamanians – Vision 2022–2030; (2) development of the project “Working towards a public and state policy to include the history and contributions of Afro-descendent peoples in educational curricula”; (3) development of the Ruta de Tambores (“drum route”) programme, an outreach programme in the communities to gain their inputs into public policy; and (4) awareness- and profile-raising initiatives highlighting the contributions of Afro-Panamanians to national life. The Committee also takes note of the Government’s explanations regarding the efforts expended by the SENADAP to work together with the Mesa Técnica Censal Afro Panamá (METACENSO) (an Afro-Panamanian survey body), and the National Statistics and Census Institute (INEC), with a view to incorporating an Afro-ethnic question in the labour market survey scheduled for 2021 and in the population and housing census planned for 2022. CONUSI, in its observations, indicates that Afro-descendent women encounter greater difficulty in entering the labour market, with high indices of poverty, illiteracy, and precarious forms of work. CONUSI also emphasizes that discriminatory and stereotypical attitudes based on race, colour and national extraction of workers are recurrent. While noting the information provided on the existence of pertinent plans and programmes, the Committee requests the Government to provide detailed information on the concrete measures adopted under these initiatives, and to clarify which of the activities are specifically aimed at supporting Afro-Panamanian women workers. The Committee also requests the Government to provide statistical information, disaggregated by sex, sectors and occupations, regarding access of Afro-Panamanian and indigenous workers.

Policy on equality in relation to workers with disabilities. In response to the Committee’s request for information on the impact of the measures to promote access to education and occupational training, reduce the illiteracy rate, and promote better access to employment opportunities, the Government indicates that the relevant institutions work within the framework of the National Advisory Council on Disability (CONADIS), which coordinates with other institutions such as the Ministry of Education and INADEH. Since 2017, action has been under way to promote the integration of persons with disabilities in employment, and the following results have been obtained: 1,679 men and 1,397 women have taken part in guidance seminars and activities; 634 men and 473 women have attended awareness-raising days; and 6,329 men and 3,515 women have taken part in activities to promote the employment of persons with disabilities. The Government also refers to various programmes, and in particular to: (1) the Programme to promote employment integration (PAIL) in which the Ministry of Labour and the participating enterprise each pay 50 per cent of the cost of the grant for participants, an amount equivalent to the minimum wage; and (2) the Orienta Panama (“guiding Panama”) programme, which focuses on vocational training for young persons with disabilities studying in public colleges. The Committee also notes the data provided on the related activities of the Department for the Socioeconomic Integration of Persons with Disabilities at national level, indicating that in 2020 the department received 106 vacancies registered at central headquarters (Panama City) and 74 vacancies in the regional directorates. A total of 50 men and 40 women were placed at central headquarters, and 24 men and 9 women were placed in the regional directorates. The Ministry of Education also lends support to the Panamanian Institute for Special Empowerment (IPHE) in awareness-raising programmes on sexual and workplace harassment. While noting the information provided on the programmes and measures adopted, the Committee observes that CONUSI points to a lack of data and indicators giving a true picture of the employment of persons with disabilities, which makes it impossible to design appropriate plans, programmes and policies. CONUSI also indicates that a significant number of enterprises do not comply with the obligation established by Act No. 15 of 31 May 2016 to include persons with disabilities as 2 per cent of their staff. In its response, the Government indicates that: (1) the INADEH has implemented 153 technical training actions for persons with disabilities, with the participation of 345 men and 225 women throughout the national territory; (2) during the period 2017–21, there have been 150 awareness-raising days on Act No. 15 of 2016, with a total participation of 1,529 persons, consisting of 821 men and 708 women from the public and private sectors; (3) the “Yo Si Cumplo” (“I’m in compliance”) label was implemented in recognition of good labour practices and the commitment of enterprises to the process of labour-market inclusion, with the label being awarded on 137 occasions; and (4) this process implies guidance and awareness-raising for enterprises through action by 74 labour inspectors at the national level, using revised and appropriate procedures for the enforcement of the labour-market inclusion of persons with disabilities. The Committee takes due note of all this information and requests the Government to provide information on the results achieved in follow-up to the training and awareness-raising activities on labour inclusion of persons with disabilities.

Policy on equality in relation to other grounds of discrimination. The Committee observes, with regard to its request for information on measures to promote equality of opportunities and treatment in employment and occupation in respect of all grounds of discrimination enumerated in the Convention, that the Government refers to its activities related to the promotion of gender equality. The Committee recalls that Article 1(1)(a) of the Convention enumerates seven protected criteria, namely, race, colour, sex, religion, political opinion, national extraction and social origin. The Committee observes that, apart from the information provided on activities related to discrimination on the grounds of sex, race, colour and national extraction, referred to in the corresponding parts of the present comment, the Government has provided no information on its efforts to address discrimination in employment and occupation on the grounds of religion, political opinion or social origin. The Committee reiterates its request to the Government to provide detailed information on the measures adopted in respect of these three grounds of discrimination, as well as information on the number of cases identified by the labour inspectorate or addressed by other competent bodies such as the law courts.

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

Articles 1 and 2 of the Convention. Wage gap and occupational segregation. In its previous comments the Committee requested the Government to provide information on specific measures for the training and vocational training of women in all occupational sectors, including those traditionally occupied by men, with a view to broadening employment opportunities for women and enhancing their prospects for advancement and promotion in their respective occupations. The Committee also requested the Government to provide information on any other measure taken to reduce the wage gap and attenuate its impact in practice. In this regard, the Government indicates in its report that: (1) since 2014, the National Women’s Institute (INAMU) has conducted studies to identify the progress made by women and the opportunities, constraints and challenges that they face in Panama; (2) the INAMU Network of Government Mechanisms, composed of the Gender Office of the National Vocational Training Institute, the National Vocational Training and Skills Institute for Human Development (INADEH) and the National Vocational Training and Skills Directorate (DFPC) at INADEH, is coordinating the development of educational programmes and curricula with an intercultural focus on gender; (3) INADEH delivers training courses in a number of disciplines in which the majority of participants are women. In 2014, 57.29 per cent of graduates were women; in 2015, 63.07 per cent and in 2016, 67.6 per cent were women; (4) in training courses traditionally taken by men, women remain a minority. In 2016, for example, in courses on construction, 80 per cent of graduates were men and 20 per cent were women; in metal engineering, 95 per cent were men and 5 per cent were women; in heavy equipment, 95 per cent were men and 5 per cent were women; and (5) through the Prevention of Violence against Women project, INAMU offered training courses and allocated seed capital to women for entrepreneurial projects, alternatives for economic integration and for the creation of innovative enterprises, the purchase of assets and working capital. With regard to the reduction of the existing wage gap in practice, the Government indicates that the Plan of Action for Equal Opportunities for Women (2016–2019), which resulted from broad participatory consultation among actors representing different sectors of the women’s movement and representatives of public and private entities, was approved. The Government refers to its Strategic Plan (2015–19), which prioritizes areas in which investment and public actions have the greatest impact on social and human development, creating access to quality services such as education, health, housing and employment for women. The Committee notes the publication by the National Institute of Statistics and Census of the Labour Market Survey of August 2018, which indicates that the median monthly wage of women in relation to men is higher in certain sectors traditionally considered “male”, including: manufacturing industry (2.44 per cent); electricity, gas, steam and air conditioning supply (10.52 per cent); and construction (16.69 per cent). On the other hand, the median wage of women is lower in relation to men in activities traditionally considered “female”, such as: social and health-related services (39.59 per cent); administrative activities and support services (8.93 per cent); and hotels and restaurants (11.46 per cent). The Committee notes the progress achieved with regard to women’s access to jobs traditionally reserved for men. Nevertheless, noting the persistence of the wage gap between men and women, the Committee requests the Government to provide information on the impact of the measures taken on the evolution of the existing wage gap by economic activity, occupation and year, in both the public and the private sector. The Committee also requests the Government to continue to provide information on concrete measures relating to the training and vocational training of women in all occupational sectors, including those traditionally occupied by men, to broaden employment opportunities for women and enhance their prospects for advancement and promotion in their respective professions.

Other measures taken by the Government to secure equal remuneration. In its previous comments, the Committee requested the Government to send specific information on the manner in which the implementation of the Public Policy on Equal Opportunities for Women (PPIOM) and the use of the “gender equality seal” contribute effectively to the application in practice of the principle of equal remuneration for men and women for work of equal value and to the progressive reduction of the wage gap and occupational segregation. In this regard, the Government indicates that: (1) the Plan of Action for Equal Opportunities for Women (2016–19) was developed; and (2) through the Network of Government Mechanisms for the promotion of equal opportunities, ten lines of strategic action are being implemented (human rights and legal equity for women, health, tackling violence against women, education, culture and communication, diversity, economy, work and family, science, technology and innovation, civic and political participation, environment, housing and territory, institutions and gender-sensitive budgets) to promote equality for women in the areas of employment, occupation and remuneration, with the participation of 42 institutions with a national presence. The Committee requests the Government to send detailed information on the manner in which the implementation of the Plan of Action for Equal Opportunities for Women 2016–19 has contributed effectively to the progressive reduction of the wage gap and of occupational segregation between men and women.

Article 2. Minimum wage. In its previous comments, the Committee asked the Government to send information on the criteria used to ensure that in determining minimum wage rates, full effect is given to the principle of equal remuneration for men and women for “work of equal value”. In this respect, the Government indicates that the minimum wage is fixed by executive decree, with the amount determined by economic activity and the region in which the employment is located, irrespective of gender or the enterprise in which the work is performed. Furthermore, a national minimum wage was established for certain economic activities that do not meet the above-mentioned criteria, such as agriculture, mining or administrative office activities. The Government also mentioned that work on improving the criteria used to ensure that minimum wage rates are fixed in full application of the principle of equal pay for men and women for “work of equal value” is being carried out jointly under a cooperation agreement with the ILO Regional Office. In this regard, the Committee recalls that special attention is needed in order to ensure that the wage rates that are fixed are free from gender bias and in particular that certain skills considered to be “female” are not undervalued, particularly in sectors where women are predominant (see the 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee requests the Government to provide information on the way in which it ensures that minimum wage fixing mechanisms are not affected by gender bias; and on the result of the assistance provided by the Office.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. In its previous comments, the Committee requested the Government to continue to send specific information on any collective agreements that address the question of equal remuneration for men and women and to indicate the measures taken, including by the Gender and Equal Opportunities Office, to promote collective bargaining as a means of eliminating inequalities in remuneration and to report on the impact of such measures on any collective agreements concluded. It also asked the Government to take steps to raise awareness and ensure training in workers’ and employers’ organizations on the application of the principle of equal remuneration for men and women for work of equal value. In this respect, the Government reports that collective agreements contain special clauses relating, for example, to equality between men and women, maternity protection or the protection of women in cases of violence at home and at work. Nevertheless, of the 173 agreements concluded between 2015 and August 2017, none referred to equal remuneration for men and women. With regard to the awareness-raising and training activities of workers’ and employers’ organizations as part of the application of the principle of the Convention, the Government indicates that: (i) the Ministry of Labour and Labour Development (Ministry of Labour) and its Gender and Equal Opportunities Office is working to achieve gender mainstreaming by systematically incorporating technical criteria to ensure gender equality in all actions, activities, programmes and projects, and by holding seminars to facilitate the participation of working women in trade unions; (ii) in 2017, at the request of the Women’s Secretariat of the Banana Industry Trade Union (SITRAIBANA), the Gender and Equal Opportunities Office provided training with a view to empowering women and increasing their occupation of senior trade union positions; (iii) the Ministry of Labour, through the Teaching Department of the Panamanian Institute of Labour Studies (IPEL), carried out different activities part of the content of which touched on the theme of equal remuneration; and (iv) during the period from 2014 to June 2017, 34 training sessions were held for members of trade unions and employers’ organizations and for Ministry of Labour officials. The Committee requests the Government to send detailed information on any collective agreement concluded that addresses the principle of equal remuneration for men and women for work of equal value. Furthermore, recalling that the examination of collective agreements from the point of view of equal remuneration for men and women for work of equal value can be a useful first step in addressing the gender wage gap through collective negotiation, the Committee encourages the Government to adopt any special measures necessary to promote the inclusion of clauses on the principle of the Convention in collective agreements.

Enforcement. Labour inspection. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that labour inspectors have suitable and regular training on the principle of the Convention to enable them effectively to perform their duty to monitor the application of the Convention at the national level, and to provide information in that regard. The Government reports that the 2017 Annual Operational Plan of the Inspection Directorate envisages the development of training courses needed for labour inspectors to obtain knowledge of different areas of law, economics and social sciences, as well as the industries. The Ministry of Labour offices responsible for labour inspection provide ongoing training to inspectors on various topics relevant to their work, including gender mainstreaming. Between 2014 and August 2017, a total of 51 courses for inspectors and 27 courses for technical and experienced staff of the Inspection Directorate were held. Furthermore, between 15 and 19 May 2017, as part of the Programme to Strengthen Labour Institutions (FOIL) in Panama under the auspices of the Spanish Agency for International Development Cooperation (AECID), the National Technical Assistance Awareness-Raising and Capacity-Building Workshop for Ministry of Labour technical teams was held, on national and international standards and the gender-sensitive management of programmes and projects. There were 22 participants in the workshop, including labour inspectors and Ministry of Labour officials. Noting that the information provided relates to the general training of labour inspectors, the Committee requests the Government to send information on the activities undertaken to ensure that labour inspectors have suitable and regular training on the principle of the Convention to enable them to perform effectively their duty to monitor the application of the Convention at the national level. Furthermore, the Committee requests the Government to provide information on labour inspection activities related to equal pay for men and women for work of equal value, indicating the number and type of violations reported or identified, as well as the penalties applied and the results thereof.

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

Articles 1 and 2 of the Convention. Discrimination based on sex. In its previous comments, the Committee requested the Government to take the necessary steps to ensure that women workers on temporary contracts have adequate protection against discrimination on grounds of pregnancy and maternity and to send information on the measures taken in this regard. The Government indicates in its report that the Labour Code makes special provision for the protection of maternity in sections 104 to 106, most specifically section 106, which provides that: “A pregnant woman may be dismissed from her job only for valid reasons and with the prior authorization of the judicial authorities. An employer who wishes to dismiss a pregnant woman for having given fair cause for dismissal shall seek prior authorization from the relevant labour court, before which it must be reliably established that there is fair cause for dismissal.” It further indicates that in application of these standards, the Supreme Court of Justice has consistently upheld jurisprudence whereby if the worker establishes that the decision is based unlawfully on grounds of her pregnancy, the decision shall have no legal effect. The Committee notes that according to the Government’s explanations, it would appear that in practice, the burden of proof is reversed, once the complainant has produced prima facie or plausible evidence of a violation. In this regard, the Committee notes that shifting or reversing the burden of proof constitutes one of the elements that contribute to addressing discrimination and promoting equality (see General Survey of 2012, paragraphs 885 and 962). The Committee also notes that the Government does not provide information on the measures adopted or envisaged to protect in practice women workers on temporary contracts against discrimination on grounds of pregnancy and maternity. The Committee requests the Government to take specific measures to ensure that women workers on temporary contracts have adequate protection against discrimination on grounds of pregnancy or maternity. The Committee requests the Government to clarify whether, in practice, legal procedure on discrimination cases provides for the reversal of the burden of proof.

Sexual harassment. The Committee noted in its previous comments that the adoption of Act No. 82 of October 2013 amending the Penal Code, which defines femicide and establishes penalties for acts of violence against women, was a step forward. However, in view of the difficulty of establishing proof (in particular if there are no witnesses), which is often the case, it requested the Government to consider the possibility of including a provision in the Labour Code or adopting specific legislation on sexual harassment at work that: (i) lays down a definition of sexual harassment that includes both quid pro quo and hostile work environment, and (ii) affords adequate protection for men and women in all aspects of employment and education, and provides for adequate penalties. The Committee also requested 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 measures of redress provided. The Government indicates in its report that: (1) under section 213(15) of the Labour Code (Cabinet Decree No. 252 of 30 December 1971, as amended), sexual harassment at work is a disciplinary ground for dismissal; (2) Act No. 82 of 24 October 2013 amending the Penal Code aims to guarantee the right of women of all ages to a life free from violence, to protect the rights of women victims of violence in a context of unequal power relations, and to prevent and punish all forms of violence against women; (3) Executive Decree No. 100 of 20 April 2017 regulating the aforementioned Act No. 82 of 2013 was adopted, which provides for the preparation of a procedural manual to promote respect for the labour rights of women victims of violence, as well as for attention to complaints and reports of harassment, harassment at work and complaints of workplace violence. The Committee takes note of this information and notes that the Government’s report remains silent on the issue of including a definition of sexual harassment that includes quid pro quo and hostile work environment in the Labour Code or in specific legislation and, also, the issue of the express prohibition of sexual harassment in civil or labour legislation in addition to the Penal Code. Recalling that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights, the Committee once again urges 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. The Committee also requests the Government to send information on the outcomes of complaints of sexual harassment at work, the penalties imposed and the redress awarded.

Article 2. National policy on gender equality. In its previous comments, the Committee requested the Government to send information on the results of the monitoring and evaluation of the implementation of the Public Policy on Equal Opportunities for Women (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 requested 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 time-use survey. In this regard, the Government indicates that the PPIOM Plan of Action 2015–2019 seeks to reduce inequalities between men and women, reduce the gender gaps that persist in economic, social, political, cultural, scientific and technological matters and achieve the full socio-economic inclusion of groups of women vulnerable for reasons of social class, ethnicity, family status, age or disability, together with all government institutions and civil society organizations joined around the National Women’s Council (CONAMU). The Committee notes that, according to the statistics provided by the Government: (1) the National Institute of Vocational Training and Human Resource Development (INADEH) reports that in 2014 there were 57,295 graduates, of whom 58.8 per cent were women and in 2016 there were 67,606 graduates, of whom 55.6 per cent were women. In courses traditionally taken by women, 90 per cent of graduates were women. Conversely, in activities traditionally performed by men, more than 90 per cent of graduates were men. In indigenous areas in 2014, 59.1 per cent of the skilled population were women; in 2015, 50.9 per cent and in 2016, 53.4 per cent; (2) according to the report Education in Panama: Five goals for improvement (2000–10), illiteracy affects 5.5 per cent of the population between 10 and 24 years of age. The national average illiteracy rate is 4.9 per cent for men and 6 per cent for women. In indigenous areas, male illiteracy is 19.5 per cent and female illiteracy 34.9 per cent. The national average years of schooling is 9.2 years, or 9 years for men and 9.4 years for women. In indigenous areas, the national average is 4.1 years of schooling, or 4.7 years for men and 3.5 years for women. Noting that the Government’s report does not mention the obstacles and difficulties encountered in the implementation of the PPIOM, and the situation described by the abovementioned statistics, the Committee reiterates its previous request on this matter and requests further statistical information disaggregated by sex on the distribution of men and women in the various vocational trainings available and the various economic sectors and occupations, including the findings of the time-use survey.

Access to education and vocational training for women from groups that are vulnerable to discrimination. In its previous comments, the Committee requested the Government to continue to take measures to further reduce the school drop-out rate of pregnant teenagers and to ensure access to education and vocational training for rural and indigenous women so as to lower the illiteracy rate and promote their access to better job opportunities. The Committee also requested the Government to send information, including statistics disaggregated by sex, on the impact of the measures taken. With regard to the school drop-out rate of pregnant teenagers, the Government reports that: (1) Act No. 29 of 13 June 2002, as amended by Act No. 60 of 20 November 2016, establishes standards for special health care, education and legal advice for teenage mothers and fathers and specifies the institutions responsible for its effective implementation; (2) despite the increase in the number of pregnant girls at the primary level between 2004 and 2015, the school drop-out rate decreased between 2010 and 2015, remaining between 1 and 1.2 per cent, a figure below the average drop-out rate of 1.86 per cent for the same period; (3) the National Institute for Women (INAMU), with support from non-governmental organizations, established Las Claras, a project in the rural area of Felipillo through which materials for on-the-job training for pregnant teenagers and young mothers was provided. With regard to rural, indigenous and marginal urban communities with no formal provision, the Government indicates that the Ministry of Education (MEDUCA) has developed various programmes at all levels of education. In 2015: (1) 22,452 children of 4 and 5 years of age were enrolled and in 2016, 23,400 were enrolled; (2) at the basic education level, in 2015 work was done with 29 groups and in 2016 with 87 groups; (3) in the pre secondary stage of basic education, 1,466 students benefited, including 515 rural and indigenous women; (4) the multi-year pre-secondary programme aimed at young people in rural and indigenous areas has been implemented since 2003 at 125 educational centres nationwide, with an impact on 3,898 students from the time of its establishment to 2016; (5) various programmes are being implemented for young people and adults who have not completed primary, pre secondary and secondary education; (6) other programmes seek to adapt the educational model to the needs of the most vulnerable populations, such as the Biocommunity programme, the Universal Bursary scheme and official secondary evening schools; (7) language courses have been provided to Ngabe, Kuna, Wounnaan, Emberá, Buglé and Naso communities to encourage their inclusion in the labour market. Between 2014 and 2017, 500 indigenous women were trained for appointment as new teachers, 700 women were trained in management and administration and 1,200 Ngabe received literacy courses; (8) in 2015, 14 INAMU centres were created to serve indigenous women in indigenous areas in their language. Between 2015 and 2017, INAMU centres served 700 indigenous women. The Committee takes due note of the information provided by the Government. Hoping that the positive trend will be sustained, the Committee requests the Government to continue to take all possible measures to reduce the school drop-out rate of pregnant teenagers and to ensure access to education and vocational training for rural and indigenous women with a view to reducing the illiteracy rate and promoting their access to better employment opportunities. The Committee also requests the Government to continue to report on the impact of these measures.

Equality of opportunity and treatment irrespective of race, colour and national descent. In its previous comments, the Committee requested 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. In this respect, the Government reports that: (1) Panama adopted the international human rights framework; Act No. 9 of 30 May 2000, declaring 30 May as a day of civic celebration and commemoration of the black Panamanian ethnic group; Act No. 16 of 10 April 2002, regulating the right of admission to public establishments and establishing measures to prevent discrimination; Executive Decree No. 124 of 27 May 2005, establishing the Special Committee for the establishment of a government policy for the full inclusion of the black Panamanian ethnic community; Act No. 11 of 22 April 2005, prohibiting discrimination in employment, among other measures; and Executive Decree No. 116 of 29 May 2007, creating the National Council of the Black Ethnic Community; (2) Act No. 64 of 6 December 2016 established, by consensus with Afro-Panamanian organizations, the National Secretariat for the Development of Afro-Panamanians (SENADAP), attached to the Ministry of Social Development (MIDES), with the aim of steering and implementing policy on social inclusion. SENADAP is developing the Project for the Development of Public Policy in favour of Persons of African Descent. The Committee notes these initiatives, but emphasizes that according to the 2010 Population and Housing Census, the illiteracy rate among persons of African descent over the age of 10 years was 2.2 per cent; furthermore, 7.2 per cent of men of African descent and 10.3 per cent of women were unemployed. The Committee requests the Government to continue to send specific information on the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation of Afro-Panamanian workers, as well as on the impact of those measures.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Policy on equality in relation to workers with disabilities. According to the 2010 Population and Housing Census, people with disabilities constituted 8 per cent of the unemployed population, 7.5 per cent for men and 9.2 per cent for women. The proportion of men (14.4 per cent) with disabilities without any formal education was twice as high as the proportion of women (7.2 per cent). According to the 2010 Census, 4 per cent of persons of African descent have some form of physical or mental disability, whereas among other groups the rate is between 2.8 and 2.9 per cent; 5.8 per cent of the rural population have some form of disability whereas in urban areas the rate is 3.7 per cent. In this regard, the Committee notes that, in its concluding observations on the initial report of Panama, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expresses its concern at the limited participation of persons with disabilities in the labour market and the scarcity of statistical data on the wages of persons with disabilities; regrets the lack of mechanisms to ensure that persons with disabilities are not discriminated against in the open labour market, and of measures to ensure that reasonable accommodations are made in the workplace; and indicates that disability policies do not specifically cover women and girls, and the lack of policies and strategies on the prevention and punishment of violence against women and girls with disabilities, including indigenous persons and persons of African descent with disabilities (CRPD/C/PAN/CO/1, 29 September 2017, paragraphs 16 and 52). The Committee requests the Government to continue to provide statistical information, disaggregated by sex, on the impact of the measures adopted to ensure access of persons with disabilities to education and vocational training in particular for rural and indigenous women, reduce the illiteracy rate and promote their access to better employment opportunities.

Policy on equality in relation to other grounds of discrimination. Since the Government does not address this issue in its report, the Committee again requests the Government to provide information on the measures adopted to promote equality of opportunities and treatment in employment and occupation in respect of all criteria for discrimination enumerated in Article 1(1)(a) of the Convention, and the results achieved.

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

Articles 1(b) and 2 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee once again requested the Government to take the necessary steps to align its legislation with the principle of the Convention and, in particular, to amend section 10 of the Labour Code (which provides “for equal pay for work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”) so that it fully reflects the principle of equal remuneration for men and women for work of equal value, and to provide information on any developments in this regard. It also reminded the Government that the technical assistance of the Office was available. In this regard, the Government indicates in its report that article 67 of the National Constitution guarantees equal pay for work performed under identical conditions, which is also included in section 10 of the Labour Code, and states that section 145 of the Labour Code establishes an expeditious judicial procedure of redress in case of violation of the principle of equal minimum pay, or in case of unequal pay. The Government further notes that it requested assistance from the ILO in August 2017 in order to make progress with bringing its legislation into line with the principle of the Convention. The Committee trusts that the technical assistance requested in order to harmonize the legislation with the principle of the Convention will be provided without delay. The Committee requests the Government to provide information on any developments in this regard.

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

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

Article 2 of the Convention. Minimum wage. In its previous comments, the Committee asked the Government to indicate the criteria used to ensure that, in setting minimum wage rates, full effect is given to the principal of equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report that in fixing minimum wages, account is taken of the provisions of article 67 of the Political Constitution and section 10 of the Labour Code, and that for hourly work, Executive Decree No. 182 of 2013 sets new minimum hourly wage rates on the basis of economic activity, size of enterprise, geographical region and occupation. The Committee refers the Government to its observation on the application of this Convention in connection with article 67 of the Political Constitution and section 10 of the Labour Code. The Committee recalls that wage rates must be determined on the basis of objective criteria, free from all gender bias, to ensure that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed. The Committee requests the Government to send information on the criteria used to ensure that in determining minimum wage rates, full effect is given to the principle of equal remuneration for men and women for “work of equal value”.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the information from the Government on the training on gender equality provided by the Ministry of Labour and Labour Development in the Union of Banana Industry Workers with a view to the conclusion of a more equitable collective agreement. The Committee requests the Government to continue to send specific information on any collective agreements that address the question of equal remuneration for men and women and to indicate the measures taken, including by the Gender and Equal Opportunities Office, to promote collective bargaining as a means of eliminating inequalities in remuneration and to report on the impact of such measures on any collective agreements concluded. It also asks the Government to take steps to ensure awareness raising and training in workers’ and employers’ organizations about the application of the principle of equal remuneration for men and women for work of equal value.

Other measures taken by the Government to secure equal remuneration. The Committee takes note of the adoption of the Public Policy on Equal Opportunities for Women (PPIOM) through Executive Decree No. 244 of 2012, and of its strategic objectives. The Committee also notes the measures taken for the use of a gender equality seal to certify enterprises that actively promote equality between men and women workers. The Committee requests the Government to send specific information on the manner in which the implementation of the PPIOM and the use of the gender equality seal contribute effectively to the application in practice of the principle of equal remuneration for men and women for work of equal value and to the progressive reduction of the wage gap and occupational segregation.

Part V of the report form. Application in practice. Labour inspection. The Committee notes the information supplied by the Government to the effect that the Inspection Directorate has no specific programme of training on the provisions of the Convention but that, in coordination with the training section of the Human Resources Institutional Office and other offices of the Ministry of Labour and Labour Development, training on gender equality is provided. The Committee draws attention to the fundamental role played by the labour inspectorate in supervising the application of the principle of equal remuneration for men and women for work of equal value. It emphasizes in this context the need to provide inspectors with adequate training on the specific issues of wage discrimination based on gender, the role they need to play in addressing them, and the advisability of working in conjunction with other bodies specializing in these matters. The Committee requests the Government to take the necessary measures to ensure that labour inspectors have suitable and regular training on the principle of the Convention to enable them effectively to perform their duty to monitor the application of the Convention at the national level. It requests the Government to provide information in this regard.

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

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.

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

The Committee takes note of the observations of 2 September 2014 by the International Organisation of Employers (IOE) and the National Council on Private Enterprise (CONEP).

Wage gap and occupational segregation. In its previous comments the Committee requested the Government to take concrete steps in the area of education, training and vocational training in order to broaden job opportunities for women and narrow the marked occupational segregation in the labour market and reduce the gender pay gap. The Committee takes note of the information supplied by the Government on the measures for training in non-traditional activities and occupations, such as electricity, crane operating, technology and carpentry. It observes, however, that there is no information on the numbers of persons trained disaggregated by sex. The Committee also notes that in their observations, CONEP and the IOE point out that in wage fixing, account is taken not of the workers’ sex but of economic activity, occupation and size of enterprise. However, the Committee notes that the statistics compiled by the National Institute of Statistics and Census (INEC) show persistent and marked sex-based occupational segregation (in 2013 taking into account the whole active population: construction, men 21.8 per cent and women 1.9 per cent; education, men 3.6 per cent and women 10.6 per cent; social and health related services, men 1.6 per cent and women 7.6 per cent; household activities, men 1.3 per cent and women 10.7 per cent). Similar disparities are reflected in the significant wage gap. For example, at management level, in 2013 the average monthly salary was 973.6 Panamanian balboas (PAB) for men and PAB952 for women; among professionals, scientists, and other intellectuals the average monthly salaries for men and women were PAB1,019 and PAB884 respectively; for plant and machinery operators the wages were PAB583 and PAB489 respectively; for middle-grade technicians and professionals they were PAB736 for men and PAB666 for women. The statistics also show a larger proportion of men in the highest salary grades (in management jobs paying over PAB 3,000 monthly men account for 16.7 per cent and women for 13.3 per cent; in professional, scientific and technical jobs men account for 13.2 per cent and women for 3.2 per cent; in middle-grade technical and professional jobs men account for 5.1 per cent and women for 1 per cent). The Committee requests the Government to take practical measures for the education and vocational training of women in all sectors of occupation, including those traditionally occupied by men, in order to broaden the employment opportunities for women and enhance their prospects for advancement and promotion in their respective occupations. The Committee requests the Government to provide information on these matters and on any other practical measures taken to reduce the present wage gap and attenuate its impact.

Article 1(b) of the Convention. Work of equal value. The Committee has for more than 20 years referred to the need to amend section 10 of the Labour Code, which provides “for equal pay for work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, in order fully to align it with the principle of equal remuneration for men and women for work of equal value. The Committee also recalls that article 67 of the Political Constitution likewise provides that “an equal salary or wage shall be paid for work carried on in the same conditions, regardless of the person performing it, without exception and without distinction as to sex, nationality, age, race, social class, or political or religious ideas”. Section 4 of the Constitution provides that the Republic of Panama respects international labour standards. The Committee notes the establishment of a harmonization committee under the Tripartite Agreement of Panama, concluded in February 2012 between CONEP, National Council of Organized Workers (CONATO) and the National Confederation of United Independent Unions (CONUSI), with the cooperation of the ILO. The Government indicates that the abovementioned committee is responsible for harmonizing the legislation with ratified Conventions. The Committee nonetheless observes that, according to the Government, there have been no changes as regards the harmonization of article 67 of the Constitution and section 10 of the Code since they are not incompatible with the principle of the Convention, their aim being equality. The Committee recalls in this connection that the concept of “work of equal value” lies at the heart of the fundamental right to equal remuneration for men and women for work of equal value, and the promotion of equality. Owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often, “female” jobs are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee recalls that insistence on factors such as “equal conditions of work, qualifications and output” may be used as a pretext for paying women lower wages than men. Although factors such as skill, responsibilities, effort and working conditions are clearly relevant in determining the value of work, when examining two jobs the value need not be the same for each factor – determining value is about the overall value of the job when all the factors are taken into account (see the 2012 General Survey on the fundamental Conventions, paragraphs 673 et seq.). The Committee requests the Government to take the necessary measures to align its legislation with the principle of the Convention and in particular to amend section 10 of the Labour Code so that it fully reflects the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on any developments in this regard and points out that it may avail itself of technical assistance from the Office.

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

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

The Committee notes the observations submitted by the International Organisation of Employers (IOE) and the National Council of Private Enterprise (CONEP) in their communication of 31 August 2014, in which they refer to the manner in which enterprises apply the Convention, particularly as regards the awareness-raising and training measures implemented by enterprises in connection with gender equality and HIV.

Articles 1 and 2 of the Convention. Gender discrimination. In its previous observation, the Committee asked the Government to provide information on the measures adopted or envisaged to ensure that women on temporary contracts are not placed in situations in which they are more vulnerable to discrimination on grounds of pregnancy and maternity. The Committee notes that the Government provides no information on any specific measures adopted or envisaged to ensure the protection of this category of women workers. While recognizing that, in terms of duration, temporary contracts for pregnant workers or mothers are subject to the same conditions as temporary contracts for other workers, the Committee is of the view that this group of women workers in particular is more vulnerable to discrimination. The Committee recalls in this connection that any distinctions in employment and occupation on grounds of pregnancy or maternity are discriminatory because, by their very nature, they affect only women, and that the protection afforded by the Convention covers all workers without distinction, including workers on temporary contracts. The Committee requests the Government to take the necessary steps to ensure that women workers on temporary contracts have adequate protection against discrimination on the grounds of pregnancy or maternity. It requests the Government to send information on the measures taken in this regard.

Articles 2 and 3. Access to education and vocational training for women from groups that are vulnerable to discrimination. In its previous observation, the Committee referred to the high-school drop-out rate of pregnant teenagers and the significant illiteracy rate among rural and indigenous women and requested the Government to take the necessary steps to ensure that these groups of women, who are the most vulnerable to discrimination, have access to education and vocational training. With regard to indigenous women, the Committee notes the information sent by the Government on the material assistance and allowances granted which have led to a drop in school drop-out rates. The Government recognizes that it is indigenous women who have the greatest difficulty in entering education, but asserts that women complete their schooling more successfully than men, as evidenced by their lower failure rate. The Committee takes note of the agreements that INAMU has signed with other national institutions and international cooperation agencies to develop economic independence and training for indigenous and rural women. It also observes that while the Government provides statistical information showing increased participation by indigenous peoples in education, the information is not disaggregated by sex. With regard to access to education for pregnant teenagers, the Committee notes the information sent by the Government, including statistics, showing a decrease in the number of drop-outs in recent years as a result of the legal prohibition on sanctions or obstacles to the right to education. The Committee again emphasizes the importance of providing occupational guidance and of taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, for men and for women (see General Survey, 2012, paragraph 750). The Committee requests the Government to continue to take measures to pursue the reduction in the school drop-out rate of pregnant teenagers and to ensure access to education and vocational training for rural and indigenous women so as to lower the illiteracy rate and promote their access to better job opportunities. The Committee requests the Government to send information, including statistics disaggregated by sex, on the impact of the measures taken.

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

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

Creation of the Gender and Labour Office. The Committee notes that Decision No. DM131-2010 of 27 April 2010 created the Gender and Labour Office under the Ministry of Labour and Social Development. The Office’s objectives and functions include, in particular, participation with the National Institute for Women (INAMU) in the formulation, application and evaluation of national public policies to promote the full and equal participation of women, the analysis of labour policies and wages from a gender perspective and raising the awareness of the population concerning discrimination facing women, and the inclusion of indicators to identify inequality. The Committee also notes the information and training activities carried out. The Committee asks the Government to continue providing information on the activities and measures taken by the Gender and Labour Office and on their impact in practice.

Economic incentives to achieve parity. In its previous comments, the Committee asked the Government to supply information on the application of section 52 of Decree No. 53 of 2002 to promote economic incentives for the achievement of a labour force consisting of 50 per cent women, as well as on the application of sections 42, 45, 48, 50 and 56 of the Decree. In this regard, the Committee notes that the Government has provided extensive information on the entry into functions of the Gender and Labour Office and the measures envisaged or adopted in relation to the implementation of these provisions. It also notes the training measures adopted by the National Vocational Training Institute for Human Development (INADEH), to which it refers below. The Committee asks the Government to provide specific information on the measures adopted and their impact on the elimination of unequal remuneration between men and women, and on the application of section 52 of Decree No. 53 of 2002.

Collective agreements. The Committee notes that one of the functions of the recently established Gender and Labour Office consists of promoting collective bargaining as a means of eliminating inequalities in the remuneration of women. It also has to coordinate with the Panamanian Institute of Labour Studies (IPEL) for the inclusion of the gender perspective in the plans and programmes of unions in the country, promoting the inclusion of women in the administrative boards of unions. However, the Government adds that collective agreements do not address equal remuneration and only refer to wage increases. The Committee asks the Government to provide information on the specific measures adopted by the Gender and Labour Office for the promotion of collective bargaining as an instrument for the elimination of inequalities in remuneration and their impact on the collective agreements that are concluded.

Minimum wage. In its previous comments, the Committee asked the Government to provide information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee notes the adoption of Executive Decree No. 263 of 21 December 2009 determining new minimum wage rates. The Government indicates that the Decree has to be implemented within the framework of article 67 of the Political Constitution, under the terms of which equal wages shall always correspond to “equal work under identical conditions”. The Government suggests the inclusion of the reference to article 67 of the Constitution in the next decree on minimum wages. In this respect, the Committee recalls that the principle provided for in the Constitution is more restrictive than that set out in the Convention. The Committee recalls that the concept of work of equal value includes but goes beyond that of equal work and also encompasses work that is of an entirely different nature but which is nevertheless of equal value. On that occasion, the Committee emphasized the importance of comparing different work on the basis of factors that are not inherently discriminatory with a view to ensuring that work principally carried out by women is not undervalued. The Committee also observes that wage rates should be fixed based on objective criteria, free from gender bias, to ensure that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (see General Survey on fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to indicate the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value, as set out in the Convention.

Labour inspection. The Committee notes the Government’s indication that there is no specific training programme for labour inspectors on the principle of the Convention, but that this will be taken into account and proposed to the Human Resources Institutional Office of the Ministry of Labour and Social Development. The Committee emphasizes the importance of ensuring that inspectors are provided with appropriate training with a view to ensuring the effective implementation of the principle of equal remuneration for men and women for work of equal value and asks the Government to provide information on the measures adopted in this respect, as well as the awareness-raising measures taken for workers, employers and their organizations, on the principle of the Convention.

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

National gender equality policy. The Committee notes the Government’s indication that the National Institute for Women (INAMU) is holding a national consultation with a view to developing a National Policy on Equality of Opportunity for Women. The consultation addresses subjects related to the economy, the participation of women in the economy and in production, the pay gap, unemployment and underemployment as well as women’s integration into the labour market. The Government also states that it has carried out a diagnostic study to identify good labour practices for gender equity within the framework of the INAMU Women’s Economic Agenda programme. Twenty-five companies will take part in the study, and initiatives adopted by those companies to expand the entry and retention of women in the workforce and improve their working conditions, will be identified. The ultimate objective of the study is the implementation of the Gender Equality and Equity Management System (SIGEG) which has been adopted as common public policy in Central America and which consists of a system of certification for companies seeking the gradual elimination of gender differences. INAMU also plans to carry out a series of studies on time use, paid domestic work and the gender profile of the economy. The Committee also notes that Resolution No. DM131-2010 of 27 April 2010, created the Labour and Gender Office in the Ministry of Labour and Employment Development (MITRADEL) with the objectives of building capacity with a view to mainstreaming gender; raising awareness among the population on the discrimination faced by women, and using indicators to identify inequalities. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it noted with concern that women continue to suffer from higher rates of underemployment and unemployment, a situation confirmed by the information provided by the Government, and that women are segregated in sectors of employment with low wages (CEDAW/C/PAN/CO/7 of 5 February 2010, paragraph 38). The Committee requests the Government to provide information on the progress made in the development of a National Policy on Equality of Opportunity for Women as well as on the specific measures adopted with a view to reducing occupational gender segregation in the labour market and eliminating stereotypes which hinder the access of women to occupations traditionally performed by men, and vice versa, including information on the activities undertaken by the Labour and Gender Office. The Committee also requests the Government to provide information on the activities and various studies carried out by the INAMU and to continue providing statistical information on the labour market situation of women and men, and their distribution in the various occupations and economic sectors.

Vocational training. The Committee notes the extensive information provided by the Government on the public and private vocational education and training activities carried out. The Committee notes in particular that within the framework of the Women's Economic Agenda Programme, INAMU has devised diplomas on local economic development with gender equity, the objective of which is to encourage equal access to resources and opportunities for men and women. Furthermore, the Committee notes that although women participate in training significantly more than men, the Government once again confirms the existence of marked occupational gender segregation, as demonstrated by the different vocational education and training activities chosen by men and women. In this respect, the Government states that it promotes non-traditional activities among women. The Committee requests the Government to adopt measures to address occupational gender segregation effectively, including measures to promote women’s access to a wider range of employment and vocational education. The Committee asks the Government to provide detailed information on the measures adopted to this end, as well as statistical information on men’s and women’s participation in training activities, in particular on the careers and types of training chosen by each group. The Committee requests the Government to indicate the extent to which such training results in access to the labour market.

Sexual harassment. The Committee notes the Government’s indication that the Gender and Labour Office, in the MITRADEL, has developed a gender training and awareness raising programme that includes the issue of sexual harassment and in which labour inspectors participate in order to raise their awareness of the subject. MITRADEL staff have also been trained. The Government adds that the assessment to identify good labour practices for gender equality mentioned previously, includes among its good practices measures to prevent sexual harassment. The Committee also notes the Government’s indication that although some labour inspectors have identified cases of sexual harassment in the companies they inspected, they maintain that victims are frightened to make complaints. The Committee requests the Government to take the necessary measures with a view to raising the awareness of workers of the relevant legal protections and dispute resolution procedures and processes available with respect to sexual harassment. In addition, the Committee encourages the Government to continue carrying out training and awareness-raising activities on sexual harassment, in cooperation with the social partners, targeting all the actors involved, including companies, judges, lawyers, labour inspectors and other institutions responsible for enforcing the relevant rules. The Committee requests the Government to provide information on the cases of sexual harassment addressed by the courts, the remedies provided and the penalties imposed.

Equality of opportunity and treatment irrespective of race and colour. The Committee notes that in 2010, for the first time, the Population and Housing Census included a question on self-identification as of African origin. For this purpose, the Government undertook an awareness-raising campaign on self identification of the population. The Committee requests the Government to provide information on the results of the 2010 Population and Housing Census, including the number of people who identified themselves as a member of a black ethnic group, and the specific measures taken within the framework of the National Plan of Action for the Full Inclusion of Black Ethnic Groups with a view to promoting equality of opportunity and treatment for the Afro-Panamanian population.

Indigenous women. In its previous comments, the Committee referred to the serious situation faced by indigenous women due to, among other reasons, their low level of education, which prevents them from accessing activities which generate sufficient income to provide them with a decent standard of living. The Committee observes that in its concluding observations, the CEDAW refers to the persistence of this situation (CEDAW/C/PAN/CO/7 of 5 February 2010, paragraphs 46 and 47). The Committee notes the Government’s indication that a range of measures have been taken: through universal grants, financial subsidies for education and family vouchers, primary and secondary school attendance rates have increased and interest in university studies has grown among the indigenous population; INAMU has begun mapping organizations and economic entrepreneurship in the Ngöbe-Bublé comarca, which will provide a basis for establishing a public policy framework for focusing on and improving the economic situation of women in the region; the National Institute of Vocational Training for Human Development (INADEH) is developing training programmes for vulnerable groups, including indigenous women, and has trained 710 indigenous women in training centres located near their localities, and through the Panamanian Network of Rural Women’s Associations, with assistance from the Government. The Committee requests the Government to continue to take the necessary measures to raise the level of education of indigenous women as well as increasing their training opportunities with a view to improving their opportunities in employment and occupation. The Committee requests the Government to provide information in this respect.

Persons with disabilities. The Committee notes the extensive information provided by the Government on the measures and programmes for the integration of persons with disabilities, including those carried out by the Department for the Socio-economic Integration of Persons with Disabilities. The Committee notes in particular the agreements concluded with certain companies for the recruitment of persons with disabilities. The Government indicates that the Sectoral Policy Department has organized the revision of inclusion policies and the drafting of the Disability Policy 2010–14, which has been disseminated among public officials. The Committee notes the assessment carried out by the Employment Service together with persons with disabilities, which highlights the necessity to offer more training and vocational education to persons with disabilities. The Government also indicates that penalties have not yet been imposed on the companies as they have respected the requirement of at least 2 per cent of their workforce consisting of persons with disabilities. Several companies are already in compliance with the 2 per cent quota and others have begun the process. The Committee requests the Government to continue providing information on the measures taken particularly the training and vocational education measures with a view to the integration into the labour market of persons with disabilities and the impact of such measures. The Committee also requests the Government to provide statistical information on the level of compliance by companies with the quota requirement and any penalties imposed for non-compliance.

Part V of the report form. The Committee requests the Government to continue its efforts to include statistics on employment and occupation, in both the public and private sectors, disaggregated by sex, race, ethnic origin, age, and other variables. Lastly, observing that the statistics provided until now record “non-indigenous” employees, the Committee requests the Government to explain the reasons and impact of the separation between indigenous and non-indigenous employees and the way in which indigenous employment is measured.

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

Article 1 of the Convention. Work of equal value. In its previous comments the Committee referred to the need to amend section 10 of the Labour Code, which is limited to the payment of equal wages “for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, so as to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of equal value. The Committee takes note of the Government’s statement that it is considering the possibility of setting up a tripartite Higher Labour Council to regulate social dialogue and of creating an institutional forum for the promotion of consensus. The Government states that it may consider amending the Labour Code along those lines. The Committee asks the Government to continue providing information on the creation of a Higher Labour Council and on any decision the Council might take on amending the Labour Code so as to give legislative expression to the principle of equal remuneration for men and women for work of equal value, as well as on any other progress in this area. The Committee also asks the Government to take steps to promote a better understanding of the principle embodied in the Convention among the authorities and among employers, workers and their organizations.

Equal remuneration. In its previous observation the Committee took note of the observations of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) on the violation of the principle of equal remuneration for work of equal value in the public sector and the fact that no wage rates had been fixed without discrimination based on sex. The Committee notes the Government’s indication that all public servants earning the minimum wage, without distinction, have been granted a wage increase and that steps are under way to introduce a system for assessing effort and performance. It also states that the National Vocational and Development Training Institute (INAMU), established under Act No. 71 of 23 December 2009, is working on a public equal opportunities policy that will contain guidelines for incorporating women in development and equalizing the remuneration of men and women. The Committee notes the Government’s statement regarding the steps taken by the National Vocational and Human Development Training Institute (INADEH) to train women in non-traditional activities. The Government attaches detailed statistics on the remuneration of men and women in the public and private sectors. The Committee observes, however, that it is not possible to assess the evolution of the gender pay gap from the statistics provided by the Government. The Committee notes that there is still extensive occupational segregation (55,167 men and 15,484 women in the manufacturing sector, 100,180 men and 3,802 women in construction, 23,865 men and 52,404 women in teaching) and that most women are employed in lower paid jobs and in a lower wage range. As to the wage gap, 0.5 per cent of men and 1 per cent of women in the teaching sector earn less than 100 balboas, while 2.9 per cent of men and 0.7 per cent of women earn 3,000 balboas or more. The Committee asks the Government to continue taking concrete steps with regard to education and vocational training so as to broaden women’s employment opportunities, reduce the marked occupational segregation in the labour market and reduce the gender pay gap. The Committee specifically asks the Government to provide information on the measures adopted by INAMU and INADEH on the subject. The Committee also asks the Government to provide information on any developments in this area, as well as up-to-date statistics disaggregated by sex showing the evolution of the gender pay gap in the public and private sectors.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Wage gap. The Committee notes that, according to the statistics provided by the Government, in 2008, women earned an average monthly wage that was 5.7 balboas (PAB) lower than that of men. However, the Committee notes that in relation to occupations in which the majority of women are concentrated, the wage gap compared to men is PAB147.7 (street vendors and services workers), PAB78 (shop and market sellers) and PAB79.3 (office workers). The Committee also notes that, according to the fourth national report on the situation of women in Panama (2002–07), there is in fact a distinction between “masculine” and “feminine” occupations, which are valued and remunerated differently. According to the report entitled “Gender in national statistics”, 64 per cent of economically active women are engaged in low-income activities. Furthermore, with regard to wage bands, the Committee notes that in 2007, women accounted for 24.1 per cent of workers in the highest band, whereas they accounted for almost the majority in the lower wage bands. The Committee urges the Government to take appropriate steps to reduce the wage gap between men and women. It requests the Government to continue providing statistical information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to assess the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Economic incentives to achieve parity. The Committee refers to its previous comments concerning Decree No. 53 and, in particular, section 52 of that Decree which provides for action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes the Government’s indication that no major progress has been made in this area given that the Ministry of Labour and Labour Development (MITRADEL) does not have an administrative unit dealing with gender issues. In this regard, the Committee notes that several steps have been taken to create a gender and labour office. The Committee notes that, according to section 36 of the draft Organic Act of MITRADEL, the gender office will be responsible for giving advice on the principle of equal opportunities for men and women, carrying out research, studies and evaluations on gender in employment and raising the awareness of civil society on the issue of equal opportunities at work. The Committee asks the Government to provide information on the progress made in creating the gender office and on its role in promoting the principle of equal remuneration for work of equal value. The Committee also reiterates its request for information on the application of section 52 of Decree No. 53, as well as on the application of the provisions of this Decree relating to the engagement of women in new occupations and in those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

Collective agreements. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention. The Committee also reiterates its request for information on the steps taken or envisaged in accordance with the recommendations of the study carried out by MITRADEL with regard to, inter alia, the inclusion in the collective bargaining process of women workers who are traditionally excluded.

Objective job evaluation. The Committee notes Decree No. 46 of 11 December 2007 which “determines the new minimum wage rates throughout the national territory”. It also notes the Government’s indication that the minimum wage is determined irrespective of the worker’s sex. Recalling its general observation of 2006 on the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore requests the Government to provide detailed information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that the National Directorate of Labour Inspection has not detected any violations of the principle of the Convention and has not received any complaints on this matter. Considering that the lack of violations and complaints is likely to be the result of a limited awareness of this issue, the Committee asks the Government to implement training programmes for labour inspectors on the principle of equal remuneration for work of equal value and to take steps to raise the awareness of workers with a view to ensuring that cases of violations of the principle of the Convention are detected or reported at the appropriate time. Please continue providing information on the results of inspections carried out.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

National gender equality policy. The Committee notes the Government’s indication that no major progress has been made with regard to the participation of women in the labour market and in training programmes. The Committee notes that, according to the Household Survey 2007–08, women account for 38 per cent of the economically active population and work mainly as street traders and service workers (22.59 per cent of women), sales assistants and market traders (20.04 per cent) and office workers (19.6 per cent).

The Committee notes the cooperation agreement concluded between the Ministry of Social Development and the Ministry of Labour (MITRADEL) in 2008 with the aim of promoting the incorporation of the gender perspective in the economy. It notes the creation under that agreement of the Committee on Gender and Employment and the plan to establish an Office for Gender and Employment responsible for providing advice on matters relating to equal opportunities for men and women in employment, raising the awareness of civil society of this issue and carrying out research, studies and evaluations on this matter. It also notes Act No. 71 of 23 December 2008 which creates the Women’s Institute with the aim of coordinating and implementing national policy on equal opportunities for women. The Committee requests the Government to provide information on the activities carried out by the above institutions, especially with regard to the reduction of the occupational segregation of women in the labour market and the elimination of stereotypes which continue to hinder the access of women to occupations traditionally performed by men and vice versa, and on their impact. The Committee also requests the Government to continue providing statistical information on the employment situation of men and women and their distribution in the various occupations and economic sectors.

Vocational training. The Committee notes that, according to the report prepared by the National Institute of Vocational Training for Human Development (INADEH), the segregation of the labour market is reflected in the participation of women in vocational training courses relating to the jobs traditionally performed by women, namely trade and services. The Committee also notes that the situation is similar at the university level, where the majority of women are enrolled on “feminine” courses, such as nursing and education. However, the Committee notes that, according to the INADEH report, women are making incursions into non-traditional jobs in areas such as civil construction and electricity and electronics. The Committee also notes the INADEH outreach programme which has facilitated the participation of women in training courses, especially those with family commitments. The Committee requests the Government to continue providing information on the participation of men and women in the various training courses and to indicate the measures taken or envisaged to promote their participation in courses relating to areas of work in which they are traditionally under-represented.

Sexual harassment. The Committee notes the Government’s indication that the General Directorate of Labour Inspection has not received any reports of cases of sexual harassment. The Committee asks the Government to consider implementing training and awareness-raising programmes on the issue of sexual harassment, in cooperation with the social partners, targeting all actors involved, including judges, lawyers, labour inspectors and other bodies responsible for enforcing the relevant regulations. Please also continue providing information on any cases of sexual harassment referred to the courts, including with the support of the judicial body’s Unit for Access to Justice and Gender, or noted by labour inspectors, the measures taken and the penalties imposed.

Equality of opportunity and treatment irrespective of race and colour. Noting the development of the National Plan of Action for the Full Inclusion of Ethnic Blacks, the Committee requests the Government to provide information on the measures taken under that plan to promote equality of opportunity and treatment of the Afro-Panamanian population in employment and occupation.

Indigenous women. The Committee notes that, according to the fourth national report on the situation of women in Panama (2002–07), the situation of indigenous women is serious since their low level of education on average prevents them from accessing activities which generate sufficient income to provide them with a decent standard of living. The Committee requests the Government to take the necessary measures to increase the level of education of indigenous women and promote their access to greater educational and vocational opportunities, in accordance with their own aspirations.

Persons with disabilities. The Committee notes the various initiatives carried out by the Department for the Socio-economic Integration of Persons with Disabilities relating to training within state institutions and raising the awareness of employers’ associations with a view to promoting the socio-economic integration of persons with disabilities. The Committee notes, in particular, that the above Department has established legal and administrative mechanisms for the imposition of penalties on companies employing over 50 workers which fail to comply with the requirement that at least 2 per cent of their workforce shall be persons with disabilities, in accordance with the provisions of Act No. 42 of 27 August 1999. The Committee also notes that, according to the Government’s report, between 2006 and September 2008, more than 105 persons with disabilities found employment. The Committee requests the Government to provide information on the penalties applied to companies by means of the mechanisms recently established. The Committee also requests the Government to continue providing information on the impact of the measures taken by the Department for the Socio-economic Integration of Persons with Disabilities on the access of persons with disabilities to employment and training. Please also provide information on the results of the National Strategic Plan for the Social Inclusion of Persons with Disabilities (2005–09).

Part V of the report form. The Committee reiterates its request for information on the progress made in incorporating into the national statistics information on employment and occupation, in both the public and private sectors, disaggregated by sex, race, ethnic origin, age, class and other variables.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the communication of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the violation of the principle of equal remuneration for work of equal value in the public sector and, specifically to the absence of rates of remuneration established without discrimination based on sex. The Committee notes that it has not yet received the Government’s observations in reply to the comments made by FENASEP. The Committee asks the Government to provide information on the application of the Convention in the public sector, including statistics on the wage levels of public servants disaggregated by sex, occupational category and post, and any other information that it considers appropriate in reply to the comments submitted by FENASEP.

Article 1 of the Convention. Work of equal value. The Committee refers to its previous comments in which it asked the Government to amend section 10 of the Labour Code, which is limited to guaranteeing equal remuneration for “equal work”, in order to give full legislative expression to the concept of equal remuneration for men and women for “work of equal value”, as provided for under the Convention. The Committee notes the Government’s indication that no progress has been made in this regard given that a consensus has not been reached among the social partners to amend the Labour Code. The Committee also notes that the Government reiterates the arguments put forward by the Legal Advisory Department of the Ministry of Labour and Employment Development (MITRADEL) that there is no inconsistency between section 10 of the Labour Code and the Convention. The Committee notes, in particular, that the Government indicates in its report that the Convention takes legal precedence over Panama’s national law and must therefore be applied in all labour relations and employment contracts.

However, the Committee notes the jurisprudence of the Supreme Court of Justice of Panama, referred to by FENASEP in its communication, that international conventions normally lack constitutional hierarchy and that the State therefore has an obligation to adapt its domestic legislation to the provisions of such conventions (Legal Registry of May 1991). The Committee also notes the difficulties which continue to be encountered in applying the Convention in practice, which are reflected in a significant and persistent wage gap between men and women. The Committee considers that there is a lack of understanding concerning the scope of the principle of the Convention and that incorporating this principle into the national legislation in accordance with the Convention would help to clarify the situation.

The Committee therefore draws the Government’s attention once again to its general observation of 2006. The Committee emphasizes that the concept of equal remuneration for “work of equal value”, although encompassing equal remuneration for “equal”, “the same” or “similar” work, is broader than that because it requires that equal remuneration also be given to workers carrying out work that is of an entirely different nature, but which is nevertheless of equal value. This comparison between different jobs is essential due to the gender segregation which exists in the labour market, which results in certain jobs being performed mainly or exclusively by men or women. The Committee also reminds the Government that provisions that are expressed more narrowly than the principle of equal remuneration for work of equal value hinder progress in eradicating gender-based pay discrimination. The Committee therefore asks the Government to:

(i)    promote dialogue with the social partners on the need to expressly prohibit pay discrimination in situations in which men and women perform different jobs which are nonetheless of equal value with a view to amending section 10 of the Labour Code;

(ii)   expressly establish in its legislation the principle of equal remuneration for work of equal value;

(iii)  provide information on any progress made in these respects; and

(iv)   provide information on the steps taken or envisaged to promote understanding of the principle of the Convention by the authorities and organizations of workers and employers.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the communication sent by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the risk of public servants being dismissed because of their political opinions in connection with elections. The Committee notes that it has not yet received the Government’s observations in reply to these comments. However, the Committee recalls that FENASEP had already raised the problem of discrimination on political grounds in its previous communications and the Committee addressed that matter in its previous observations.

Discrimination based on political opinion. In its previous comments, the Committee noted a communication from FENASEP in 2001, in which it indicated that the Government had dismissed more than 19,000 public servants without just cause and without following the procedures established by law. FENASEP pointed out that 80 per cent of those dismissed were registered members of the political party called the Democratic Revolutionary Party (PRD) and that the dismissals constituted discrimination on political grounds in breach of Article 1 of the Convention. In its 2008 observation, the Committee noted another communication sent by FENASEP, received on 7 October 2008 and sent to the Government on 13 October 2008, which pointed out the lack of progress made in the work of the bipartite commission comprising officials of the Ministry of Labour (MITRADEL) and FENASEP aimed at reinstating the persons concerned. The Committee notes the Government’s indication in its report that the majority of leaders dismissed were reinstated in their posts or appointed to the various state bodies. The Committee also notes that in May 2008, the Government issued the necessary instructions for all public servants working under a contract with government bodies to be made permanent so that they would be able to enter the administrative career system. The Committee hopes that the Government will make every effort to prevent the recurrence of similar cases of discrimination based on political opinion and requests it to provide information on the measures taken or envisaged to that end. The Committee also requests the Government to continue its efforts through the above bipartite commission, to solve the cases of dismissal based on political opinion which are still pending.

Administrative career system. The Committee recalls that the Government re-established the administrative career system to integrate public servants into the system in order to protect them from political pressure. The Committee notes that, according to the Government’s report, Act No. 9 of 20 June 1994 which establishes and regulates the administrative career system was amended by Act No. 24 of 2 July 2007 and Act No. 14 of 28 January 2008 with the result that from 30 April 2008, the special procedure for entry into the administrative career system could no longer be used and the only way of entering the public administration was the regular procedure by means of competitive examination. The Committee notes the Government’s indication that the aim of this amendment was to eliminate the possibility of appointing political officials to administrative career posts on a discretionary basis. The Committee also notes that according to the provisions of section 136 of Act No. 9, as amended by the above Acts, the stability of employment of career public servants is dependent, inter alia, on their effective, productive, honest, efficient and responsible performance. The Committee also notes that section 5 of Executive Decree No. 44 of 11 April 2008 stipulates that the administrative career system shall promote the occupation of all public posts by public servants who stand out for their suitability, competence, loyalty, morals and honesty. The Committee requests the Government to provide information on the application in practice of section 136 of Act No. 9 and section 5 of Executive Decree No. 44, particularly concerning the interpretation of the requirement of loyalty from public servants, including information on any court decisions handed down in this regard. The Committee also requests 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 in accordance with section 67 of Act No. 9.

Gender-based discrimination. The Committee refers to its previous comments in which it considered communications received from FENASEP concerning cases of the dismissal of women on the grounds of maternity or pregnancy. The Committee notes the Government’s indication that the women were employed under fixed-term contracts and that they were removed from their posts simply because the period for which they had been recruited came to an end. The Committee notes that in its 2008 communication, FENASEP refers to new cases of the dismissal of women who were pregnant or on maternity leave by the National Bank of Panama. The Committee also notes that the United Nations Human Rights Committee expressed concern at the practice of requiring pregnancy tests as a condition for access to employment (CCPR/C/PAN/CO/3, 17 April 2008, paragraph 16). The Committee urges the Government to take the necessary measures to prevent discrimination on the ground of pregnancy, especially with regard to access to employment and job security and to ensure that temporary contracts are not used as a means to discriminate against woman based on pregnancy. The Committee also requests the Government to provide information on the measures taken or envisaged in the context of its equality policy to ensure that women on temporary contracts do not find themselves in situations where they are vulnerable to discrimination on the basis of pregnancy.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

National gender equality policy. The Committee notes the Government’s indication that no major progress has been made with regard to the participation of women in the labour market and in training programmes. The Committee notes that, according to the Household Survey 2007–08, women account for 38 per cent of the economically active population and work mainly as street traders and service workers (22.59 per cent of women), sales assistants and market traders (20.04 per cent) and office workers (19.6 per cent).

The Committee notes the cooperation agreement concluded between the Ministry of Social Development and the Ministry of Labour (MITRADEL) in 2008 with the aim of promoting the incorporation of the gender perspective in the economy. It notes the creation under that agreement of the Committee on Gender and Employment and the plan to establish an Office for Gender and Employment responsible for providing advice on matters relating to equal opportunities for men and women in employment, raising the awareness of civil society of this issue and carrying out research, studies and evaluations on this matter. It also notes Act No. 71 of 23 December 2008 which creates the Women’s Institute with the aim of coordinating and implementing national policy on equal opportunities for women. The Committee requests the Government to provide information on the activities carried out by the above institutions, especially with regard to the reduction of the occupational segregation of women in the labour market and the elimination of stereotypes which continue to hinder the access of women to occupations traditionally performed by men and vice versa, and on their impact. The Committee also requests the Government to continue providing statistical information on the employment situation of men and women and their distribution in the various occupations and economic sectors.

Vocational training. The Committee notes that, according to the report prepared by the National Institute of Vocational Training for Human Development (INADEH), the segregation of the labour market is reflected in the participation of women in vocational training courses relating to the jobs traditionally performed by women, namely trade and services. The Committee also notes that the situation is similar at the university level, where the majority of women are enrolled on “feminine” courses, such as nursing and education. However, the Committee notes that, according to the INADEH report, women are making incursions into non-traditional jobs in areas such as civil construction and electricity and electronics. The Committee also notes the INADEH outreach programme which has facilitated the participation of women in training courses, especially those with family commitments. The Committee requests the Government to continue providing information on the participation of men and women in the various training courses and to indicate the measures taken or envisaged to promote their participation in courses relating to areas of work in which they are traditionally under-represented.

Sexual harassment. The Committee notes the Government’s indication that the General Directorate of Labour Inspection has not received any reports of cases of sexual harassment. The Committee asks the Government to consider implementing training and awareness-raising programmes on the issue of sexual harassment, in cooperation with the social partners, targeting all actors involved, including judges, lawyers, labour inspectors and other bodies responsible for enforcing the relevant regulations. Please also continue providing information on any cases of sexual harassment referred to the courts, including with the support of the judicial body’s Unit for Access to Justice and Gender, or noted by labour inspectors, the measures taken and the penalties imposed.

Equality of opportunity and treatment irrespective of race and colour. Noting the development of the National Plan of Action for the Full Inclusion of Ethnic Blacks, the Committee requests the Government to provide information on the measures taken under that plan to promote equality of opportunity and treatment of the Afro-Panamanian population in employment and occupation.

Indigenous women. The Committee notes that, according to the fourth national report on the situation of women in Panama (2002–07), the situation of indigenous women is serious since their low level of education on average prevents them from accessing activities which generate sufficient income to provide them with a decent standard of living. The Committee requests the Government to take the necessary measures to increase the level of education of indigenous women and promote their access to greater educational and vocational opportunities, in accordance with their own aspirations.

Persons with disabilities. The Committee notes the various initiatives carried out by the Department for the Socio-economic Integration of Persons with Disabilities relating to training within state institutions and raising the awareness of employers’ associations with a view to promoting the socio-economic integration of persons with disabilities. The Committee notes, in particular, that the above Department has established legal and administrative mechanisms for the imposition of penalties on companies employing over 50 workers which fail to comply with the requirement that at least 2 per cent of their workforce shall be persons with disabilities, in accordance with the provisions of Act No. 42 of 27 August 1999. The Committee also notes that, according to the Government’s report, between 2006 and September 2008, more than 105 persons with disabilities found employment. The Committee requests the Government to provide information on the penalties applied to companies by means of the mechanisms recently established. The Committee also requests the Government to continue providing information on the impact of the measures taken by the Department for the Socio-economic Integration of Persons with Disabilities on the access of persons with disabilities to employment and training. Please also provide information on the results of the National Strategic Plan for the Social Inclusion of Persons with Disabilities (2005–09).

Part V of the report form. The Committee reiterates its request for information on the progress made in incorporating into the national statistics information on employment and occupation, in both the public and private sectors, disaggregated by sex, race, ethnic origin, age, class and other variables.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage gap. The Committee notes that, according to the statistics provided by the Government, in 2008, women earned an average monthly wage that was 5.7 balboas (PAB) lower than that of men. However, the Committee notes that in relation to occupations in which the majority of women are concentrated, the wage gap compared to men is PAB147.7 (street vendors and services workers), PAB78 (shop and market sellers) and PAB79.3 (office workers). The Committee also notes that, according to the fourth national report on the situation of women in Panama (2002–07), there is in fact a distinction between “masculine” and “feminine” occupations, which are valued and remunerated differently. According to the report entitled “Gender in national statistics”, 64 per cent of economically active women are engaged in low-income activities. Furthermore, with regard to wage bands, the Committee notes that in 2007, women accounted for 24.1 per cent of workers in the highest band, whereas they accounted for almost the majority in the lower wage bands. The Committee urges the Government to take appropriate steps to reduce the wage gap between men and women. It requests the Government to continue providing statistical information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to assess the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Economic incentives to achieve parity. The Committee refers to its previous comments concerning Decree No. 53 and, in particular, section 52 of that Decree which provides for action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes the Government’s indication that no major progress has been made in this area given that the Ministry of Labour and Labour Development (MITRADEL) does not have an administrative unit dealing with gender issues. In this regard, the Committee notes that several steps have been taken to create a gender and labour office. The Committee notes that, according to section 36 of the draft Organic Act of MITRADEL, the gender office will be responsible for giving advice on the principle of equal opportunities for men and women, carrying out research, studies and evaluations on gender in employment and raising the awareness of civil society on the issue of equal opportunities at work. The Committee asks the Government to provide information on the progress made in creating the gender office and on its role in promoting the principle of equal remuneration for work of equal value. The Committee also reiterates its request for information on the application of section 52 of Decree No. 53, as well as on the application of the provisions of this Decree relating to the engagement of women in new occupations and in those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

Collective agreements. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention. The Committee also reiterates its request for information on the steps taken or envisaged in accordance with the recommendations of the study carried out by MITRADEL with regard to, inter alia, the inclusion in the collective bargaining process of women workers who are traditionally excluded.

Objective job evaluation. The Committee notes Decree No. 46 of 11 December 2007 which “determines the new minimum wage rates throughout the national territory”. It also notes the Government’s indication that the minimum wage is determined irrespective of the worker’s sex. Recalling its general observation of 2006 on the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore requests the Government to provide detailed information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that the National Directorate of Labour Inspection has not detected any violations of the principle of the Convention and has not received any complaints on this matter. Considering that the lack of violations and complaints is likely to be the result of a limited awareness of this issue, the Committee asks the Government to implement training programmes for labour inspectors on the principle of equal remuneration for work of equal value and to take steps to raise the awareness of workers with a view to ensuring that cases of violations of the principle of the Convention are detected or reported at the appropriate time. Please continue providing information on the results of inspections carried out.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communication sent by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the risk of public servants being dismissed because of their political opinions in connection with elections. The Committee notes that it has not yet received the Government’s observations in reply to these comments. However, the Committee recalls that FENASEP had already raised the problem of discrimination on political grounds in its previous communications and the Committee addressed that matter in its previous observations.

Discrimination based on political opinion. In its previous comments, the Committee noted a communication from FENASEP in 2001, in which it indicated that the Government had dismissed more than 19,000 public servants without just cause and without following the procedures established by law. FENASEP pointed out that 80 per cent of those dismissed were registered members of the political party called the Democratic Revolutionary Party (PRD) and that the dismissals constituted discrimination on political grounds in breach of Article 1 of the Convention. In its 2008 observation, the Committee noted another communication sent by FENASEP, received on 7 October 2008 and sent to the Government on 13 October 2008, which pointed out the lack of progress made in the work of the bipartite commission comprising officials of the Ministry of Labour (MITRADEL) and FENASEP aimed at reinstating the persons concerned. The Committee notes the Government’s indication in its report that the majority of leaders dismissed were reinstated in their posts or appointed to the various state bodies. The Committee also notes that in May 2008, the Government issued the necessary instructions for all public servants working under a contract with government bodies to be made permanent so that they would be able to enter the administrative career system. The Committee hopes that the Government will make every effort to prevent the recurrence of similar cases of discrimination based on political opinion and requests it to provide information on the measures taken or envisaged to that end. The Committee also requests the Government to continue its efforts through the above bipartite commission, to solve the cases of dismissal based on political opinion which are still pending.

Administrative career system. The Committee recalls that the Government re-established the administrative career system to integrate public servants into the system in order to protect them from political pressure. The Committee notes that, according to the Government’s report, Act No. 9 of 20 June 1994 which establishes and regulates the administrative career system was amended by Act No. 24 of 2 July 2007 and Act No. 14 of 28 January 2008 with the result that from 30 April 2008, the special procedure for entry into the administrative career system could no longer be used and the only way of entering the public administration was the regular procedure by means of competitive examination. The Committee notes the Government’s indication that the aim of this amendment was to eliminate the possibility of appointing political officials to administrative career posts on a discretionary basis. The Committee also notes that according to the provisions of section 136 of Act No. 9, as amended by the above Acts, the stability of employment of career public servants is dependent, inter alia, on their effective, productive, honest, efficient and responsible performance. The Committee also notes that section 5 of Executive Decree No. 44 of 11 April 2008 stipulates that the administrative career system shall promote the occupation of all public posts by public servants who stand out for their suitability, competence, loyalty, morals and honesty. The Committee requests the Government to provide information on the application in practice of section 136 of Act No. 9 and section 5 of Executive Decree No. 44, particularly concerning the interpretation of the requirement of loyalty from public servants, including information on any court decisions handed down in this regard. The Committee also requests 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 in accordance with section 67 of Act No. 9.

Gender-based discrimination. The Committee refers to its previous comments in which it considered communications received from FENASEP concerning cases of the dismissal of women on the grounds of maternity or pregnancy. The Committee notes the Government’s indication that the women were employed under fixed-term contracts and that they were removed from their posts simply because the period for which they had been recruited came to an end. The Committee notes that in its 2008 communication, FENASEP refers to new cases of the dismissal of women who were pregnant or on maternity leave by the National Bank of Panama. The Committee also notes that the United Nations Human Rights Committee expressed concern at the practice of requiring pregnancy tests as a condition for access to employment (CCPR/C/PAN/CO/3, 17 April 2008, paragraph 16). The Committee urges the Government to take the necessary measures to prevent discrimination on the ground of pregnancy, especially with regard to access to employment and job security and to ensure that temporary contracts are not used as a means to discriminate against woman based on pregnancy. The Committee also requests the Government to provide information on the measures taken or envisaged in the context of its equality policy to ensure that women on temporary contracts do not find themselves in situations where they are vulnerable to discrimination on the basis of pregnancy.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communication of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the violation of the principle of equal remuneration for work of equal value in the public sector and, specifically to the absence of rates of remuneration established without discrimination based on sex. The Committee notes that it has not yet received the Government’s observations in reply to the comments made by FENASEP. The Committee asks the Government to provide information on the application of the Convention in the public sector, including statistics on the wage levels of public servants disaggregated by sex, occupational category and post, and any other information that it considers appropriate in reply to the comments submitted by FENASEP.

Article 1 of the Convention. Work of equal value. The Committee refers to its previous comments in which it asked the Government to amend section 10 of the Labour Code, which is limited to guaranteeing equal remuneration for “equal work”, in order to give full legislative expression to the concept of equal remuneration for men and women for “work of equal value”, as provided for under the Convention. The Committee notes the Government’s indication that no progress has been made in this regard given that a consensus has not been reached among the social partners to amend the Labour Code. The Committee also notes that the Government reiterates the arguments put forward by the Legal Advisory Department of the Ministry of Labour and Employment Development (MITRADEL) that there is no inconsistency between section 10 of the Labour Code and the Convention. The Committee notes, in particular, that the Government indicates in its report that the Convention takes legal precedence over Panama’s national law and must therefore be applied in all labour relations and employment contracts.

However, the Committee notes the jurisprudence of the Supreme Court of Justice of Panama, referred to by FENASEP in its communication, that international conventions normally lack constitutional hierarchy and that the State therefore has an obligation to adapt its domestic legislation to the provisions of such conventions (Legal Registry of May 1991). The Committee also notes the difficulties which continue to be encountered in applying the Convention in practice, which are reflected in a significant and persistent wage gap between men and women. The Committee considers that there is a lack of understanding concerning the scope of the principle of the Convention and that incorporating this principle into the national legislation in accordance with the Convention would help to clarify the situation.

The Committee therefore draws the Government’s attention once again to its general observation of 2006. The Committee emphasizes that the concept of equal remuneration for “work of equal value”, although encompassing equal remuneration for “equal”, “the same” or “similar” work, is broader than that because it requires that equal remuneration also be given to workers carrying out work that is of an entirely different nature, but which is nevertheless of equal value. This comparison between different jobs is essential due to the gender segregation which exists in the labour market, which results in certain jobs being performed mainly or exclusively by men or women. The Committee also reminds the Government that provisions that are expressed more narrowly than the principle of equal remuneration for work of equal value hinder progress in eradicating gender-based pay discrimination. The Committee therefore asks the Government to:

(i)    promote dialogue with the social partners on the need to expressly prohibit pay discrimination in situations in which men and women perform different jobs which are nonetheless of equal value with a view to amending section 10 of the Labour Code;

(ii)   expressly establish in its legislation the principle of equal remuneration for work of equal value;

(iii) provide information on any progress made in these respects; and

(iv)  provide information on the steps taken or envisaged to promote understanding of the principle of the Convention by the authorities and organizations of workers and employers.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The wage gap. The Committee notes that in private enterprises in 2004 women earned a monthly average wage that was 11.32 balboas lower than that of men, and that in 2005 the wage gap decreased to 2.71 balboas. The Committee also notes that in the public sector the wage gap between women and men was 5.52 balboas in 2004 and 5.89 balboas in 2005. The Committee requests the Government to continue providing information on any measures adopted to reduce the wage gap between men and women. The Committee would be grateful if the Government would provide information on the statistics compiled on the basis of the gender indicators adopted under section 12 of Executive Decree No. 53 of 2002.

2. Economic incentives to achieve parity. The Committee recalls that section 52 of Decree No. 53 provides that the Government shall take action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes that the Government refers in its report to the activities undertaken by the Ministry of Labour and Employment Development (MITRADEL) in relation to equality of opportunity for women in the labour context. However, the Committee notes that none of the information provided relates to the use of economic incentives in the private sector to increase the participation of women in the labour market. The Committee, therefore, repeats its request to the Government to provide information on the application of section 52 of Decree No. 53. The Committee also asks the Government to provide information on the effect given to the provisions of this Decree relating to the engagement of women in new occupations and those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

3. Collective agreements. The Committee notes that in the context of the national policy on equality, MITRADEL is undertaking studies which include among their subjects collective agreements and gender equality in Panama. In the context of one of these studies, it is recommended to include in collective bargaining women workers who are traditionally excluded from it, as well as to adopt clauses in agreements to promote equality of opportunity for women both in respect of production and taking into account their reproductive role. The Committee asks the Government to provide information on the measures adopted or envisaged in accordance with the recommendations of these studies. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention.

4. Objective job evaluation. With regard to the Committee’s request relating to methods for the objective appraisal of jobs, the Government indicates that Executive Decree No. 7 of 10 March 2006 determines the new minimum wage rates throughout the national territory. The Committee reminds the Government that an objective job evaluation makes it possible to identify and correct cases in which unequalities persist in the remuneration of men and women who are engaged in different work, but which is nevertheless of the same value. The Committee also reminds the Government that this type of appraisal has to be based on objective criteria that are not affected by gender stereotypes in order to eliminate any under-evaluation of work traditionally carried out by women. The Committee asks the Government to provide information on the methods used for the application of the principle of equal remuneration for work or equal value when fixing minimum wage rates and in wages determined by collective agreements in the public and private sectors.

5. Labour inspection. The Committee notes the information provided in the annual report of the National Directorate of Labour Inspection, 2004–05. The Committee notes that, during the period 2004–05, a total of 7,742 inspections were undertaken at the national level, most of which were in commerce, other services, hotels and restaurants, construction and transport, storage and communication. The Committee notes that violations relating to the application of the Convention were not identified during the course of the labour inspections. The Committee reminds the Government that the fact that violations are not detected or that no complaints are made does not mean that there is no pay discrimination. The Committee asks the Government to keep it informed of the activities undertaken by the labour inspectorate in relation to equal remuneration for men and women for work of equal value and on the methods used to detect any violations of the principle set out in the Convention.

6. Part V of the report form. Statistics. The Committee is grateful to the Government for the statistics provided. The Committee notes that the Ministry of the Economy and Finance has made efforts to recognize and increase the visibility of work by women through the development of specific indicators. The Committee also notes that, in the context of the first phase of the Project on the Economic Agenda of Women, a document was prepared on the profile of the economic participation of Panamanian women, as well as a compendium of mini-studies on gender and the economy. The Committee also notes that the System of Gender-Based Indicators in Panama (SIEGPA) is currently in the process of adapting and updating the information available. The Committee asks the Government to provide copies of the studies carried out on the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information disaggregated by sex on the remuneration levels of jobs and positions in the various sectors of activity.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 1 of the Convention. Work of equal value. In its previous comments, the Committee asked the Government to give legislative expression to the principle of equal remuneration for men and women for work of equal value by amending section 10 of the Labour Code, under the terms of which “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, with a view to improving the application of the Convention. The Committee recalls that this section contains provisions that are more restrictive than the principle of equal remuneration for work of equal value, as it is limited to guaranteeing equal remuneration for equal work. In its report, the Government indicates that it disagrees with the views of the Committee of Experts and does not see any inconsistency between section 10 of the Labour Code and the principle set out in the Convention. The Committee considers that the difficulties relating to the application of the Convention in law and practice arise in particular from this lack of understanding of the scope and implications of the concept of work of “equal value”.

2. The Committee, therefore, draws the Government’s attention to its general observation of 2006, in which it clarifies the meaning of “work of equal value”. The Committee reminds the Government that, as indicated in paragraph 3 of its general observation, in order to address occupational segregation, “where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of ‘work of equal value’ is essential, as it permits a broad scope of comparison. ‘Work of equal value’ includes but goes beyond equal remuneration for ‘equal’, the ‘same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value.” In paragraph 6 of the general observation, the Committee indicates that “several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work.” The Committee, therefore, urges the Government: (a) to amend section 10 of the Labour Code by including the principle of equal remuneration for work of equal value; (b) to take the necessary measures to clarify the meaning of this principle with the authorities and with workers’ and employers’ organizations; and (c) to provide information in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the communication sent by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), received on 7 October 2008 which was sent to the Government on 13 October 2008. The Committee notes that the Government’s report has not been received. The Committee hopes that the Government will make every effort to take the necessary action to submit its report in the near future, including replies to the Committee’s 2007 observation and direct request and comments it may wish to make in reply to the observations made by FENASEP.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The wage gap. The Committee notes that in private enterprises in 2004 women earned a monthly average wage that was 11.32 balboas lower than that of men, and that in 2005 the wage gap decreased to 2.71 balboas. The Committee also notes that in the public sector the wage gap between women and men was 5.52 balboas in 2004 and 5.89 balboas in 2005. The Committee requests the Government to continue providing information on any measures adopted to reduce the wage gap between men and women. The Committee would be grateful if the Government would provide information on the statistics compiled on the basis of the gender indicators adopted under section 12 of Executive Decree No. 53 of 2002.

2. Economic incentives to achieve parity. The Committee recalls that section 52 of Decree No. 53 provides that the Government shall take action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes that the Government refers in its report to the activities undertaken by the Ministry of Labour and Employment Development (MITRADEL) in relation to equality of opportunity for women in the labour context. However, the Committee notes that none of the information provided relates to the use of economic incentives in the private sector to increase the participation of women in the labour market. The Committee, therefore, repeats its request to the Government to provide information on the application of section 52 of Decree No. 53. The Committee also asks the Government to provide information on the effect given to the provisions of this Decree relating to the engagement of women in new occupations and those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

3. Collective agreements. The Committee notes that in the context of the national policy on equality, MITRADEL is undertaking studies which include among their subjects collective agreements and gender equality in Panama. In the context of one of these studies, it is recommended to include in collective bargaining women workers who are traditionally excluded from it, as well as to adopt clauses in agreements to promote equality of opportunity for women both in respect of production and taking into account their reproductive role. The Committee asks the Government to provide information on the measures adopted or envisaged in accordance with the recommendations of these studies. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention.

4. Objective job evaluation. With regard to the Committee’s request relating to methods for the objective appraisal of jobs, the Government indicates that Executive Decree No. 7 of 10 March 2006 determines the new minimum wage rates throughout the national territory. The Committee reminds the Government that an objective job evaluation makes it possible to identify and correct cases in which unequalities persist in the remuneration of men and women who are engaged in different work, but which is nevertheless of the same value. The Committee also reminds the Government that this type of appraisal has to be based on objective criteria that are not affected by gender stereotypes in order to eliminate any under-evaluation of work traditionally carried out by women. The Committee asks the Government to provide information on the methods used for the application of the principle of equal remuneration for work or equal value when fixing minimum wage rates and in wages determined by collective agreements in the public and private sectors.

5. Labour inspection. The Committee notes the information provided in the annual report of the National Directorate of Labour Inspection, 2004–05. The Committee notes that, during the period 2004–05, a total of 7,742 inspections were undertaken at the national level, most of which were in commerce, other services, hotels and restaurants, construction and transport, storage and communication. The Committee notes that violations relating to the application of the Convention were not identified during the course of the labour inspections. The Committee reminds the Government that the fact that violations are not detected or that no complaints are made does not mean that there is no pay discrimination. The Committee asks the Government to keep it informed of the activities undertaken by the labour inspectorate in relation to equal remuneration for men and women for work of equal value and on the methods used to detect any violations of the principle set out in the Convention.

6. Part V of the report form. Statistics. The Committee is grateful to the Government for the statistics provided. The Committee notes that the Ministry of the Economy and Finance has made efforts to recognize and increase the visibility of work by women through the development of specific indicators. The Committee also notes that, in the context of the first phase of the Project on the Economic Agenda of Women, a document was prepared on the profile of the economic participation of Panamanian women, as well as a compendium of mini-studies on gender and the economy. The Committee also notes that the System of Gender-Based Indicators in Panama (SIEGPA) is currently in the process of adapting and updating the information available. The Committee asks the Government to provide copies of the studies carried out on the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information disaggregated by sex on the remuneration levels of jobs and positions in the various sectors of activity.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. National policy for gender equality. In its previous comments, the Committee noted that section 52 of Decree No. 53 states that, in order to apply the Convention, the Ministry of Labour shall take steps to ensure that enterprises gradually employ at least 50 per cent women in the workforce and keep a detailed record of women who work in the primary, secondary and tertiary sectors. The Committee notes that, in the context of the national policy on equality, the Ministry of Public Works (MOP) and the National Human Development Training Institute (INADEH) conducted training initiatives for women to enable them to take up careers in welding, bricklaying, as mechanics, in road construction and as operators of heavy equipment. The Committee also notes that in 2006, the Ministry of Social Development held human development training modules for more than 300 women in four provinces with the aim of enhancing their skills. The Committee also notes that surveys were conducted into gender-based labour segregation in Panama and on gender and economics, during the first phase of the “Women’s Economic Agenda” project. The Committee requests the Government to continue supplying information on the application of the policy on equality and the impact thereof on the participation of women in the labour market and in training programmes. The Committee also requests the Government to continue supplying information on the measures taken to reduce the occupational segregation of women in the labour market, and in particular to promote their participation in high-level posts.

2. Sexual harassment. In its previous comments, the Committee noted that, in cases of sexual harassment by the employer, fines were liable to be imposed and, in addition, the worker was entitled to terminate the employment relationship while having the right to receive compensation. The Committee suggested that the Government take steps to identify other options which did not involve the termination of the employment relationship. The Government indicated in its report that the Labour Code states that, in cases involving sexual harassment, the employer is authorized to dismiss the person responsible for the harassment and that, consequently, termination of employment is not the only solution available to the worker suffering the harassment. The Committee requests the Government to supply information on the number of complaints of sexual harassment at work and on the manner in which they have been resolved.

3. Sexual harassment. Burden of proof. The Committee notes the Government’s statement regarding the need to review the alternatives available under comparative law to protect victims in cases where they are unable to provide proof of sexual harassment. Taking into account the difficulties encountered by many victims in proving sexual harassment, the Committee welcomes the Government’s initiative and requests it to keep it informed on the progress of the abovementioned studies and any measures taken, for example, to ease the burden of proof and weigh all relevant aspects in cases of complaints of sexual harassment, including the context, evidence and psychological information.

4. Persons with disabilities. The Committee notes the setting up of the Department for the Socio-Economic Integration of Persons with Disabilities. The Committee notes that the purpose of this department is to structure a programme to enhance and promote the interests of workers with disabilities in the labour market. The Committee also notes that information and training activities concerning the rights of disabled persons have been undertaken for the benefit of workers’ organizations, officials of the Ministry of Labour (MITRADEL) and labour inspectors. Moreover, the Committee notes that, as a result of consultation involving the Labour Analysis and Information System (SIAL) and the ILO, the needs of persons with disabilities were integrated into the new employment facilitation software forming part of the general database of the Public Employment Service (SERPE). The Committee also notes the participation of the Government and consultations to support the national plan for the social integration of persons with disabilities. The Committee requests the Government to keep it informed of the measures taken to promote the access of persons with disabilities to training and employment and, in particular, of the work of the Department for the Socio-Economic Integration of Persons with Disabilities. The Committee requests the Government to supply information on the impact of these activities on the access of disabled persons to employment and training.

5. Part V of the report form. Statistics. In its previous comments, the Committee noted that the provisions of Chapter V (Work) of Decree No. 53 state that the coordinating bodies of labour systems or groups protected by special laws must devise studies to identify situations or conditions of inequality, and also systematize and publish statistics disaggregated by sex, race, ethnic origin, age, class and other variables which will be incorporated in national statistics. The Committee notes the Government’s statement that the current system of statistics does not provide information in the manner required by the report form. The Committee requests the Government to supply information on the progress made in incorporating into the national statistics information on employment and occupation, in both the public and the private sectors disaggregated by sex, race, ethnic origin, age, class and other variables, and requests the Government to supply all available information in its next report to enable the Committee to evaluate the practical application of the provisions of the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Work of equal value. In its previous comments, the Committee asked the Government to give legislative expression to the principle of equal remuneration for men and women for work of equal value by amending section 10 of the Labour Code, under the terms of which “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, with a view to improving the application of the Convention. The Committee recalls that this section contains provisions that are more restrictive than the principle of equal remuneration for work of equal value, as it is limited to guaranteeing equal remuneration for equal work. In its report, the Government indicates that it disagrees with the views of the Committee of Experts and does not see any inconsistency between section 10 of the Labour Code and the principle set out in the Convention. The Committee considers that the difficulties relating to the application of the Convention in law and practice arise in particular from this lack of understanding of the scope and implications of the concept of work of “equal value”.

2. The Committee, therefore, draws the Government’s attention to its general observation of 2006, in which it clarifies the meaning of “work of equal value”. The Committee reminds the Government that, as indicated in paragraph 3 of its general observation, in order to address occupational segregation, “where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of ‘work of equal value’ is essential, as it permits a broad scope of comparison. ‘Work of equal value’ includes but goes beyond equal remuneration for ‘equal’, the ‘same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value.” In paragraph 6 of the general observation, the Committee indicates that “several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work.” The Committee, therefore, urges the Government: (a) to amend section 10 of the Labour Code by including the principle of equal remuneration for work of equal value; (b) to take the necessary measures to clarify the meaning of this principle with the authorities and with workers’ and employers’ organizations; and (c) to provide information in this respect.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the communication sent by the National Federation of Public Employee Organizations (FENASEP) dated 17 April 2007, which was forwarded to the Government on 24 May 2007. The Committee notes that the communication from FENASEP refers to cases of discrimination based on pregnancy. The Committee also notes the Government’s reply to this communication received on 20 November 2007.

1. Discrimination on political grounds. In its previous comments, the Committee noted a communication from FENASEP in 2001, to the effect that the Government had dismissed more than 19,000 public servants without just cause and without following the procedures established by law. FENASEP pointed out that 80 per cent of those dismissed were registered members of the political party called the Democratic Revolutionary Party (PRD) and that the dismissals constituted discrimination on political grounds in breach of Article 1 of the Convention. The Committee notes that, according to the Government’s report, as a result of the mass dismissals, 444 public officials lodged appeals against their dismissals. It also notes the 33 decisions of the Administrative Service Appeals and Conciliation Board forwarded by the Government. The Committee notes in particular that, according to the report, many of the officials have been reinstated in their posts or appointed to other state institutions and others are gradually being reintegrated as a result of the work of the bipartite commission established for this purpose by the Ministry of Labour (MITRADEL) and FENASEP. The Committee hopes that the bipartite commission will continue its efforts to find appropriate solutions in the cases of the remaining workers who were dismissed and requests the Government to provide information in this respect.

2. Legislation. Administrative service. The Committee notes that, according to the Government, the previous administration suspended the administrative service. The Government states that it reinstated the administrative service to integrate public officials in the system in order to protect the public service from the pressures of party politics and provide employment stability. The Committee requests the Government to provide more detailed information on how the administrative service ensures the stability of employment of public officials and their protection against discrimination on political grounds. Please also provide the information on other measures taken to fully guarantee protection against political discrimination in the public sector.

3. Gender-based discrimination. In its 2006 observation, the Committee examined the communication from FENASEP dated 7 October 2005 and sent to the Government on 19 January 2006. The communication referred to the dismissal of two pregnant women on temporary contracts employed in the public sector and the failure to renew their contract. In its previous observation, the Committee asked the Government to take the necessary steps to prevent discrimination on the ground of pregnancy. The Committee notes the communication from FENASEP received this year, which claims that the Government has not taken any steps to protect workers from discrimination based on pregnancy and, indeed, cases have continued to occur in which the contracts of pregnant women are not renewed. The Committee also notes that in reply to FENASEP’s communication, the Government provides information on a case by case basis regarding progress made in resolving these matters. While noting the positive steps taken by the Government to resolve the individual cases, given the recurrence of such cases, the Committee continues to consider that as part of its policy on equality, measures are needed to ensure that women on temporary contracts are not placed in situations where they are vulnerable to discrimination because of pregnancy and asks the Government to keep it informed of progress made in this regard. The Committee asks the Government to supply information on the legislation and measures adopted or planned to prevent discrimination based on pregnancy.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The wage gap. The Committee notes that, according to the Government’s report, the wage statistics show the disadvantages for women of the labour market situation and the inequality that exists on the labour market. According to the latest household survey, the average level of women’s wages in the private sector is 87.33 balboas lower than that of men, while in the public sector the average wage gap is reduced to 28.27 balboas in favour of men. The Committee asks the Government to continue providing information on the impact of the new legislation in terms of reducing the wage gap. The Committee would be grateful if the Government would provide information on the gender indicators adopted under section 12 of Executive Decree No. 52 of 2002.

2. Economic incentives to achieve parity. The Committee notes that, according to the Government’s report, further progress has not yet been achieved in the application of section 52 of Decree No. 53, which provides that the Government shall take action to promote economic incentives to achieve a labour force consisting of 50 per cent women. The Committee hopes that in its next report the Government will be in a position to provide information on the application of sections 42, 45, 48, 50, 52 and 56, to which it referred in its direct request in 2003.

3. Collective agreements and methods for the objective appraisal of jobs. With regard to the Committee’s request for the Government to provide copies of collective agreements applying the principle of equal remuneration for men and women for work of equal value, the Government indicates that collective agreements do not establish differences on grounds of sex, and that no distinction is made when determining wages by decree. The Committee considers that the fact that collective agreements or the legislation do not establish differences based on sex is undoubtedly a first step, but draws the Government’s attention to the fact that provisions which are neutral in their wording may nevertheless give rise to indirect discrimination through the provision of lower pay for jobs traditionally occupied by women than those traditionally held by men. Moreover, wage supplements (for seniority, mobility, availability) are components of remuneration that are not included in minimum wages, but which may give rise to hidden discrimination. It therefore asks the Government to provide information on the machinery that is in place to detect such differences where they exist and on the methods applied to undertake an objective appraisal of jobs. Due to the tendency for men and women to be engaged in different jobs, it is essential to have a technique to measure the relative value of jobs which differ in their content with a view to eliminating discrimination in the remuneration of men and women. The Committee hopes that in its next report of the Government will be in a position to provide information on the methods used for the objective appraisal of jobs and that it will provide copies of a number of collective agreements so that the Committee can examine wage categories by function and sex, as well as by wage supplements.

4. Labour inspection. The Committee notes that no complaints have been recorded during the reporting period concerning failure to apply the principle set out in the Convention. The Committee reiterates that it is not possible to deduce from the data on labour inspections contained in the Government’s report whether violations have been detected of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information in its next report on the activities of the labour inspectorate in relation to the principle set out in the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Legislation. In its previous comments, the Committee indicated that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, whereas the principle set out in the Convention is broader, since it also applies to work that is different but of “equal value” and carried out for the same or another employer. In its observation in 2003, the Committee expressed the hope that the Government would make efforts to amend section 10 of the Labour Code to bring it into harmony with the principle set out in the Convention.

2. The Committee notes the Government’s indications in its report that section 10 of the Labour Code is based on article 63 of the Constitution, under the terms of which “equal wages or pay shall always be provided for equal work under identical conditions, irrespective of the persons performing it and without distinction on grounds of sex, nationality, age, race, social class or political or religious views”. The Government adds that the guiding standard maintains the broad meaning of equality without distinction on grounds of gender and that section 10 referred to above does not therefore merit amendment as it guarantees equal wages.

3. The Committee considers however that the principle set out in section 10 of the Labour Code is narrower than the principle established by the Convention. The Committee points out once again that equal remuneration within the meaning of the Convention is not limited to equal work, nor to work performed under identical conditions, but is broader and has to be applied to work of equal value, even where the work is of a different nature or is performed under different conditions, or for different employers. Where legislation exists covering equal remuneration, it must not be more restrictive than the Convention, nor inconsistent with it. The Committee therefore once again expresses the hope that the Government will make the necessary efforts to amend section 10 of the Labour Code to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of “equal value” and it requests the Government to continue providing information on this subject.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments dated 7 October 2005 of the National Federation of Public Employees (FENASEP) and the Government’s reply of 19 May 2006. FENASEP refers to the dismissal of two pregnant women. One involves an employee at the Legislative Assembly in respect of whom, according to the Government, steps have been taken to have her reinstated. The other, a social worker, had been employed for three years and nine months by the Ministry of Health before her dismissal. The Government states that the appointment was temporary and ended at the date foreseen and was not a dismissal on grounds of pregnancy. The Committee notes that having worked for the Ministry of Health for three years and nine months, the worker could legitimately expect her contract to be extended and that the non-renewal could be linked to her pregnancy, which would constitute discrimination under the Convention. Consequently, the Committee requests the Government to consider, in the context of its equality policy, measures needed to ensure that women on temporary contracts are not placed in a situation where they are vulnerable to discrimination because of pregnancy. Please also provide information on the legislation and measures adopted or envisaged to prevent discrimination on grounds of pregnancy. The Committee hopes that the Government will send the abovementioned information with its reply to the Committee’s observation and direct request of 2005.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The wage gap. The Committee notes that, according to the Government’s report, the wage statistics show the disadvantages for women of the labour market situation and the inequality that exists on the labour market. According to the latest household survey, the average level of women’s wages in the private sector is 87.33 balboas lower than that of men, while in the public sector the average wage gap is reduced to 28.27 balboas in favour of men. The Committee asks the Government to continue providing information on the impact of the new legislation in terms of reducing the wage gap. The Committee would be grateful if the Government would provide information on the gender indicators adopted under section 12 of Executive Decree No. 52 of 2002.

2. Economic incentives to achieve parity. The Committee notes that, according to the Government’s report, further progress has not yet been achieved in the application of section 52 of Decree No. 53, which provides that the Government shall take action to promote economic incentives to achieve a labour force consisting of 50 per cent women. The Committee hopes that in its next report the Government will be in a position to provide information on the application of sections 42, 45, 48, 50, 52 and 56, to which it referred in its direct request in 2003.

3. Collective agreements and methods for the objective appraisal of jobs. With regard to the Committee’s request for the Government to provide copies of collective agreements applying the principle of equal remuneration for men and women for work of equal value, the Government indicates that collective agreements do not establish differences on grounds of sex, and that no distinction is made when determining wages by decree. The Committee considers that the fact that collective agreements or the legislation do not establish differences based on sex is undoubtedly a first step, but draws the Government’s attention to the fact that provisions which are neutral in their wording may nevertheless give rise to indirect discrimination through the provision of lower pay for jobs traditionally occupied by women than those traditionally held by men. Moreover, wage supplements (for seniority, mobility, availability) are components of remuneration that are not included in minimum wages, but which may give rise to hidden discrimination. It therefore asks the Government to provide information on the machinery that is in place to detect such differences where they exist and on the methods applied to undertake an objective appraisal of jobs. Due to the tendency for men and women to be engaged in different jobs, it is essential to have a technique to measure the relative value of jobs which differ in their content with a view to eliminating discrimination in the remuneration of men and women. The Committee hopes that in its next report of the Government will be in a position to provide information on the methods used for the objective appraisal of jobs and that it will provide copies of a number of collective agreements so that the Committee can examine wage categories by function and sex, as well as by wage supplements.

4. Labour inspection. The Committee notes that no complaints have been recorded during the reporting period concerning failure to apply the principle set out in the Convention. The Committee reiterates that it is not possible to deduce from the data on labour inspections contained in the Government’s report whether violations have been detected of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information in its next report on the activities of the labour inspectorate in relation to the principle set out in the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. National policy. The Committee notes with interest that Executive Decree No. 53 of 25 June 2002, issuing regulations for Act No. 4 of 1999, which establishes equality of opportunity, contains a series of measures to achieve equality in employment for men and women. It notes that the abovementioned Act constitutes the basis for a national policy on equality and that the Decree determines the mechanisms for implementing the Act and is supplemented by the Equal Opportunities Plan "PIOM II", adopted in May 2002. It notes that under section 38 of the Decree, the following are to be treated as discrimination against women in employment: requirement of pregnancy testing, photographs, age limits, marital status, the use of racist, sectarian or sexist criteria as a basis for wage differentials, psychological harassment and sexual harassment. The provisions of Chapter V (Labour) establish among other things that bodies responsible for coordinating labour systems or groups protected by special laws must conduct studies to identify situations or conditions in which there are inequalities; systematize and publish statistics disaggregated by sex, race, ethnic group, age, class or other variables that will be incorporated in national statistics; that the Directorate General of Employment together with the Private Enterprise Council for Educational Assistance, the National Institute for Vocational Training (INAFORP) and other institutions are to promote employment for women in new occupations and that the Government, together with organizations of private companies and the most representative trade unions are to conduct a diagnosis every two years which will serve as a basis for promoting employment for women so that they account for at least 50 per cent of the workforce. Furthermore, in INAFORP, women are to account for 20 per cent in traditional and non-traditional technical areas. Section 52 of Chapter V stipulates that for the purpose of applying the Convention, the Ministry of Labour shall promote mechanisms whereby enterprises will gradually incorporate women until they account for at least 50 per cent of staff, and will keep detailed records on women working in the primary, secondary and tertiary sectors. The Committee also notes with interest that under PIOM II, numerous activities have been developed to promote equality for men and women in employment and that the Ministry of Labour is working together with the Panamanian Institute of Labour Studies on a comprehensive approach to promoting equality for men and women in employment. The Committee requests the Government to continue to provide information on the practical application of the national policy on equality and on the impact of the policy.

2. Sexual harassment. The Committee refers to section 38 of Decree No. 53, mentioned above, and requests information on the effect it is having in practice. The Government refers to other provisions governing sexual harassment (sections 127(12) and 138(15) of the Labour Code and section 82 of Act No. 19 of 11 June 1997 to organize the Panama Canal Authority). With regard to section 128(28) of the Labour Code which requires employers to introduce fair, reliable and practical procedures for investigating sexual harassment complaints and applying the corresponding penalties, the Committee again requests the Government to provide copies of any company regulations or collective agreements that contain such procedures.

3. The Committee notes that sexual harassment by an employer is punishable by fine and that the worker may treat the employment relationship as terminated and is entitled to payment of an indemnity. The Committee suggests that the Government take steps to seek other solutions, which do not involve termination of the employment relationship, because if loss of employment, albeit with an indemnity, is the only available option, rather than remedying the situation this may discourage victims of sexual harassment at work from taking any action. The Committee would be grateful if the Government would continue to provide information on any developments in this matter.

4. Persons with disabilities. The Committee notes with interest that Executive Decree No. 88 of 12 November 2002 regulates Act No. 42 of 27 August 1999, establishing equality of opportunity for persons with disabilities, and that the Ministry of Labour is providing training in this area for labour inspectors, employers and human resources officials in various enterprises.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Legislation. In its previous comments, the Committee indicated that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that "equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority", whereas the principle set out in the Convention is broader, since it also applies to work that is different but of "equal value" and carried out for the same or another employer. In its observation in 2003, the Committee expressed the hope that the Government would make efforts to amend section 10 of the Labour Code to bring it into harmony with the principle set out in the Convention.

2. The Committee notes the Government’s indications in its report that section 10 of the Labour Code is based on article 63 of the Constitution, under the terms of which "equal wages or pay shall always be provided for equal work under identical conditions, irrespective of the persons performing it and without distinction on grounds of sex, nationality, age, race, social class or political or religious views". The Government adds that the guiding standard maintains the broad meaning of equality without distinction on grounds of gender and that section 10 referred to above does not therefore merit amendment as it guarantees equal wages.

3. The Committee considers however that the principle set out in section 10 of the Labour Code is narrower than the principle established by the Convention. The Committee points out once again that equal remuneration within the meaning of the Convention is not limited to equal work, nor to work performed under identical conditions, but is broader and has to be applied to work of equal value, even where the work is of a different nature or is performed under different conditions, or for different employers. Where legislation exists covering equal remuneration, it must not be more restrictive than the Convention, nor inconsistent with it. The Committee therefore once again expresses the hope that the Government will make the necessary efforts to amend section 10 of the Labour Code to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of "equal value" and it requests the Government to continue providing information on this subject.

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

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Policies to promote equality for men and women in employment. The Committee notes with interest that the text of Executive Decree No. 53 of 25 June 2002, which regulates Act No. 4 of 1999, establishing equality of opportunity, contains a series of provisions to ensure better application of the Convention. It notes in particular that Chapter V (Labour) provides for a number of mechanisms to apply the national policy on equal treatment for men and women in employment, and is supplemented by the Equal Opportunities Plan, "PIOM II", adopted in May 2002. A series of measures have been applied under the above legislation and the Plan, concerning training, hiring incentives, wages, and studies in cooperation with workers’ and employers’ organizations. The Committee refers in greater detail to these matters in its direct request.

2. Discrimination on political grounds. In its previous comments, the Committee noted a communication sent in 2001 by the National Federation of Associations and Organizations of Public Servants (FENASEP) alleging that the Government had dismissed more than 19,000 public servants without establishing just cause and without following the statutory procedures. According to FENASEP, 80 per cent of those dismissed are registered members of a political party called the Democratic Revolutionary Party (PRD), and the dismissals constitute discrimination on grounds of political opinion, in breach of Article 1 of the Convention.

3. In its reply of 24 October 2001, the Government stated that the public servants in question had been appointed between June and September 1999, in a transitional period between two governments, and that the appointments constituted "arbitrary and indiscriminate recruitment of public servants" who were members of the coalition government of the time and did not meet the statutory requirements. According to the Government, this explains the fact that a large proportion of those dismissed turned out to be PRD members; however, they were dismissed not on political grounds but because they failed to meet the statutory requirements for appointment.

4. The Committee pointed out that exclusion arising out of inherent requirements of a particular job must be interpreted narrowly so as not to give rise to undue limitations on the protection afforded by the Convention, and requested detailed information on the criteria applied in determining the grounds for the dismissals. It also requested copies of any complaints against such dismissals and the court decisions handed down.

5. In its last report, sent in September 2004, the Government stated that the dismissals had been necessary in order to contain the growing numbers of state employees. As other grounds for the dismissals it gave foreign currency savings, investment in infrastructure, finalization of projects and suitability, but denied that political opinion had been a criterion. The Committee observes that the Government has not sent all the information requested. It accordingly reiterates its request for information on the legislation governing the dismissal and/or termination of service of public servants or other employees hired by the State, the manner in which the Government ensures that there are no dismissals on grounds of political opinion, the available means of redress, the number of complaints against dismissals filed with the courts of law in connection with the 19,000 dismissals referred to above, and copies of any complaints alleging political discrimination and of the sentences handed down.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report and the various annexes and statistical data attached.

1. The Government had indicated in its previous report that problems of unequal wages occur in practice and that between 35 and 39 per cent of the wage gap is caused by discrimination, with the widest gap (50 per cent) occurring in the case of women with postgraduate studies and also in the private sector. Moreover, Act No. 4 of 29 January 1990, establishing equality of opportunity for women, does not envisage a specific policy to promote equal remuneration for men and women workers for work of equal value. The Committee had requested the Government to provide information on the measures and action taken in the context of public bodies for the promotion of equal remuneration for men and women for work of equal value.

2. The Committee notes that, according to the statistics provided by the Government in its last report, the wage gap has been reduced in various sectors, for example in the commercial sector, where women on average earned 95.27 per cent of the wages of men in 1999, with this figure rising to 98.73 per cent in 2000. Despite the above, the statistics show that wage gaps between men and women persist in both the public and private sectors. Moreover, in most of the public administration the number of women employed at the higher paid levels is substantially lower than the number of men. Whilst this latter issue is related to the application of Convention No. 111, the Committee wishes to draw the Government’s attention to the fact that the wage gap between men and women is also related to the horizontal and vertical segregation which may prevent women from obtaining higher paid jobs.

3. The Committee notes the commitments made by the Ministry of Labour and other government and private entities to give effect to the provisions of Executive Decree No. 53 of 25 June 2002, with particular reference to the provisions relating to: the employment of women in new occupations or in those traditionally considered to be male dominated (sections 42, 45 and 48); the establishment of a mechanism requiring the inclusion in collective agreements of a compulsory clause for parity in the distribution of women and men in the various jobs (section 50); the introduction of economic incentives in the private sector for the application of the provisions of the Convention (section 52); and the carrying out of an assessment of the situation of women domestic employees (section 56). The Committee trusts that the Government in its next report will be able to indicate the progress made in practice in reducing the wage gap between men and women for work of equal value in both the public and the private sectors. The Committee asks the Government to provide copies of collective agreements which implement the principle of equal remuneration for men and women workers for work of equal value.

4. The Committee notes the information provided by the Government in its report on the provisions of section 41 of Executive Decree No. 53 of 25 June 2002 establishing machinery to receive and investigate violations reported by women workers in relation to discrimination on grounds which include sex. The Committee hopes that in its next report the Government will provide information on the progress achieved in this matter in relation to the processing of complaints of violations of the principle of equal remuneration for men and women workers for work of equal value. The Committee also wishes to draw the Government’s attention, in relation to the reference that it made in its report to the data on labour inspections contained in Annex 1 of the report under Convention No. 87, to the fact that it is not possible to deduce from these data whether violations of the principle of equal remuneration for men and women for work of equal value have been identified. For the above reasons, the Committee would be grateful if the Government would provide information in its next report where possible on the existence of violations relating to the application of the Convention in practice.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes with interest the adoption of Executive Decree No. 53 of 25 June 2002 issuing regulations under Act No. 29 of January 1999 to establish equality of opportunity for women, and particularly section 43 relating to the development of mechanisms and procedures for the appraisal of tasks to ensure the application of the principle of equal remuneration for men and women workers for work of equal value and the obligation to make use of the criteria agreed to in labour centres. The Committee notes with interest the information provided by the Government concerning the system for the appraisal of jobs in the various institutions in the public sector. It also notes the Government’s indication as to the preparation of further manuals for the classification and evaluation of jobs for the various decentralized institutions which are covered by the administrative careers system. The Committee welcomes this Decree and the adoption of objective job appraisal systems and asks the Government to provide information on the mechanisms, procedures and criteria adopted to promote equal pay for work of equal value pursuant to this Decree. The Committee also notes that the recently launched Plan for Equality of Opportunities for Women in Panama (PIOM II) 2002-06 envisages "promoting action to guarantee the international principle set out in Convention No. 100 of the International Labour Organization of equal remuneration for work of equal value".

2. The Committee recalls its previous comments noting that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that "equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority", whereas the principle set out in the Convention is broader since it also applies to work that is different but of "equal value" and carried out for the same or another employer. In view of the new Executive Decree and the Plan for Equality, the Committee hopes that the Government will make every effort to amend section 10 of the Labour Code, thereby bringing its Labour Code into compliance with the broader principle of equal remuneration for men and women workers for work of equal value.

The Committee is also addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and the annexes attached thereto.

1. The Committee observes that there has been no progress in amending the Labour Code to incorporate the recommendations made in the Convention, since no bill has yet been drafted on Action 1.2, which corresponds to the legal and social equity section of the Women and Development Action Plan. The Committee appreciates that the Government is aware that the principle of equal pay for men and women for work of equal value established by the Convention is broader than the provisions on equality of remuneration in the national legislation. The Government states that not only does the legislation treat the principle established in the Convention restrictively, but that there are also provisions which are discriminatory and legal restrictions that impair the effective exercise of these rights. The Committee notes that, according to the Ministry of Youth, Women, Children and the Family, there should be a review of the Constitution as well as the labour legislation, but no decisions have as yet been taken in this regard. The Committee notes the Government’s statement that so far it has not been possible to overcome these shortcomings in the law. The Committee hopes that the Government will continue to make the necessary efforts to bring the national legislation into line with the principle of the Convention, and asks the Government to continue to report on progress made in this respect.

2. The Committee notes the promulgation of Act No. 4 of 29 January 1999 establishing equal opportunities for women, particularly Chapter V, which concerns labour. The Committee observes that although the Act establishes that the State shall implement a public policy to reduce segregation between the sexes at work, shall facilitate women’s admission to management posts and adapt formal and informal education and technical training programmes so as to qualify women for better paid jobs, it does not establish a policy to promote equal remuneration for men and women workers for work of equal value. The Committee asks the Government to provide information on measures being taken by the specialized bodies responsible for the coordination, promotion, development and supervision of the public policy to promote equal opportunities for women in public entities, provided for in section 31 of the Act with regard to the promotion of equal remuneration for men and women for work of equal value.

3. The Government states that there are problems of wage differentials in practice and that, according to the report Gender implications of wage differentials between men and women, men and women workers are not paid strictly on the basis of merit, and discrimination accounts for between 35 and 39 per cent of the wage differential. The Government points out that the average wage varies according to the geographical area in which women are employed; in the urban formal sector women’s wages tend to be lower than men’s; and this tendency is more marked among women with high-level technical academic training, women with postgraduate degrees earning virtually only half the amount earned by their male counterparts. The Government stresses that there is no sector in which women are on a par with men and no level of education at which women earn as much as, let alone more than, men on average. The Committee also notes that in the public sector women’s pay is 5.5 per cent less than men’s and that in the private sector the wage differential for work of equal value is greater, women receiving 17 per cent less pay than men.

4. The Committee notes the Government’s statement that the standards laying down the principle of equal pay are ineffective largely because there is no proper process affording adequate guarantees to women workers in applying for jobs. Furthermore, the purpose of the procedure established by Act No. 53 of 1975, whereby the Ministry of Labour and Labour Development (MIDRATEL) hears applications concerning the minimum wage, is to determine whether or not the employer is paying the minimum wage, not whether the principle of equal pay is being observed. The Committee also notes with interest the conclusions derived from the Clara González national report on the status of women in Panama in 1999, which shows that although 15 per cent of the women questioned suffered wage discrimination, no cases of wage discrimination had been brought to MIDRATEL, and that 40 per cent of the women questioned were unaware that they could seek redress for wage discrimination with MIDRATEL. The Committee asks the Government to provide more information on the measures being adopted to disseminate the labour rights of women more broadly, and on the resources available to them to secure equal pay for work of equal value.

5. The Committee notes the Government’s statement that there are no suitable mechanisms for non-discriminatory job appraisal. The Committee recalls that objective job appraisal means adopting a method to measure and compare objectively the relative value of the tasks performed. Since men and women tend to perform different jobs, it is essential to have a method for measuring the relative value of jobs with different content so as to eliminate discrimination between men and women (see paragraphs 138-152 of the General Survey on equal remuneration, 1986). The Committee reiterates that the Government needs to adopt measures to promote such job appraisal and asks it to report on the progress made.

6. The Committee notes that, currently out of the 40 government institutions, 11 ministries and one decentralized body have institutional handbooks for the classification of jobs duly approved and executed. This amounts to coverage of 41 per cent of the 60,000 government civil servants entitled to have their posts appraised and classified. The Committee hopes that the Administrative Careers General Directorate will continue to provide information on progress and on measures envisaged to strengthen the continuity of the programme for classification, appraisal and remuneration of existing posts both in government bodies where the system has been installed and in those where it is not yet in operation.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s report, and the attached documentation.

1. The Committee notes the statistics contained in the "National Clara González Report: The situation of women in Panama, 1999", indicating that women’s participation in economic activity amounts to 36.5 per cent of the economically active population, compared with 63.5 per cent for men, and that the proportion of women who are active is only 45.9 per cent, compared with a participation rate of 81.7 per cent for men.

2. The Committee notes the proposal for the participative strategy between state institutions and civil society, in accordance with the regulations issued under Act No. 4 of 29 January 1999 establishing equality of opportunity for women, through the implementation of subcomponent 10.4 of the Programme for Equality of Opportunity in Panama (PROIGUALDAD, PAN/B7 3010/95/100). The Committee requests the Government to continue providing information on the process of developing regulations under the above Act.

3. The Committee notes the priority that is being given to activities to achieve the sustainability of projects under the PROIGUALDAD programme. It notes that the process is currently under way of introducing and starting up the national gender training system for employees in the public sector and non governmental organizations, and the progress achieved within the context of the public policy on education and culture. The Committee also requests information on the impact of the measures adopted within the framework of the PROIGUALDAD programme.

4. The Committee notes the activities that are being carried out under sections IV, V and VI of Act No. 4 respecting indigenous and rural women and requests the Government to continue providing information on the progress achieved in promoting equality of opportunity in employment and occupation for these groups, and to include information in its next report on Afro Panamanian women.

5. The Committee notes that, despite the efforts made to issue regulations under Act No. 42 of 27 August 1999 respecting the equalization of opportunities for the disabled, the respective regulations have still not been adopted, for which reason it is not possible to require strict compliance with the Act and matters in this respect remain at the discretion of employers.

6. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to prevent discrimination in access to employment, conditions of work and employment security on grounds of race, colour, national extraction or religion.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the communication sent by the National Federation of Associations and Organizations of Public Servants (FENASEP), dated 18 May 2001, in which it alleges that the current Government has dismissed over 19,000 public servants, equivalent to 15 per cent of state employees, without giving justified reasons for their dismissal and without following the procedures set out in the law. FENASAEP states that 80 per cent of those dismissed are registered members of the political party called the Democratic Revolutionary Party (PRD) and alleges that the dismissals constitute discrimination on grounds of political opinion, in violation of Article 1 of the Convention.

2. In its response dated 24 October 2001, the Government states that during the period between June 1999 and September 1999, which was a transition period before the new Government took office, a total of 5,634 public servants were accredited, compared with a total of 4,512 during the period between June 1994 up to the general election held on 2 May 1999. According to the Government, during this three-month period there was an "arbitrary and indiscriminate recruitment of public servants" who were members of the coalition government of the time (PRD). The current government indicates that it took "corrective action with a view to ensuring that those who had been accredited complied with the minimum requirements set out in the relevant legal provisions" and it revised the system of entry into administrative careers in order to remedy the problems. The Government contends that the fact that a high percentage of the public servants who were dismissed were members of the PRD is due precisely to the fact that these public servants were accredited without complying with the legal requirements. The Government adds that Act No. 9 of 20 June 1994, regulating and establishing the administrative career, mandates the appointing authority in each institution to replace those public servants who are not included in the administrative career, including those of free appointment and removal, and those who are in office. The Government also affirms that Executive Decree No. 222 of 12 September 1997, issuing regulations under the Act respecting administrative careers, sets out the right of public servants to submit their cases for reconsideration by the appointing authority or the Board of Appeal and Conciliation of Administrative Careers, and where appropriate they may appeal the decision to the Supreme Court.

3. The Committee recalls that exclusion arising out of the inherent requirements of a particular job must be interpreted strictly so as not to give rise to undue limitations on the protection afforded by the Convention, inter alia, against discrimination on grounds of political opinion, which includes identification based on membership of political parties. While political affiliation or opinion may be taken into account for certain high-level posts directly related to government policy, the same does not apply to many positions in the public service in general. Thus, the reasons for terminating employment must be sufficiently clear to ensure that dismissal is not based on grounds of political opinion, in violation of the Convention.

4. In the light of the above, the Committee requests the Government to provide detailed information on the criteria used to determine the basis for the dismissals and the manner in which it has been ensured that political opinion has not been used as a basis for taking decisions. Furthermore, the Committee requests the Government to provide information on the public servants made redundant, including their grade, the type and date of contract, period of service and political affiliation, as well as the number of appeals which have been made to the courts, and those that have been taken to the Board and the Supreme Court, with copies of the relevant rulings and the number of public servants who have been reinstated.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government and has examined with interest the documentation on the Promotion of Equality of Opportunity Programme in Panama.

1. Regarding section 10 of the Labour Code and further related sections, the Committee notes that these provisions do not adequately reflect the principle of equal remuneration for men and women workers for work of equal value. The Committee notes with interest that Action 1.2 of the National Plan for Women in Development, to be applied between 1996 and 2001, included "the submission of proposals to the Legislative Assembly to incorporate the recommendations contained in Conventions Nos. 100 and 111 of the ILO into the amendments of the Labour Code". The Committee requests information on the progress achieved in bringing national legislation into line with the principles contained in the Convention.

2. The Committee requests information on the manner in which the application is ensured of the principle of equal remuneration for men and women workers for work of equal value to all persons employed in the bodies and services of the central public administration.

3. The Committee observes that, to initiate proceedings regarding violation of the principle of equal pay under section 145 of the Labour Code, conditions including the following must be met: (1) equal work must be performed in an enterprise or by a worker, and (2) the work performed must be carried out "in the same post". It wishes to point out that, as established by this Committee, the principle of the Convention extends beyond cases where work is performed in the same establishment and beyond the same jobs performed by both sexes. In this connection see paragraphs 22 and 72 of the 1986 General Survey. The Committee hopes that this question will be taken into consideration in the amendments to be undertaken to the Labour Code and would be grateful to be kept informed on any legal action and judgements arising in this connection.

4. In its information regarding Article 3 of the Convention, the Government referred to job evaluation. The Committee points out that an objective evaluation of jobs implies the adoption of a technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women. See paragraphs 138 to 152 of the 1986 General Survey on this. The Committee hopes the Government will adopt measures to encourage this method of evaluation and asks to be kept informed of progress achieved.

5. The Committee requests the Government in its next report to provide the most complete statistical information possible, disaggregated by sex, regarding paragraphs (i) and (ii) of its 1998 general observation on Convention No. 100.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report and attachments, and in particular notes with interest the promulgation of Act No. 4 of 29 January 1999 which establishes equality of opportunity for women.

2. Discrimination on grounds of sex. Observing that, according to the Government's report, there have been no training and dissemination activities since 1998 under the Programme for Training and Dissemination of the Rights of Women in the World of Work owing to the lack of financial resources, the Committee refers to paragraphs 251 to 253 of its 1998 General Survey on equality in employment and occupation in which it noted with concern the tendency in some countries to abandon or drastically reduce programmes intended to remedy inequalities in order to decrease public expenditure in the name of economic efficiency [...] and recalls that these programmes must be viewed in a broader perspective, since the exclusion of part of the active population is costly. The Committee considers that the Government has taken a significant step in promulgating said Act No. 4 and that it is important it should continue making efforts to give effect to the Act. The Committee requests the Government to supply detailed information on the action undertaken and results achieved in giving effect to section 11 of chapter V (Labour) on the public policy that the State will establish to promote equality of opportunity in employment and also to section 17 of chapter IX (Education and culture) on the public policy in relation to education and culture, to give women equal opportunities. The Committee also notes that the Government is undertaking project PAN/B7-301/95/10 for the promotion of equal opportunities in Panama (PROIGUALDAD) which is the result of the consensus between the women's movement and the State of Panama and for the implementation of which a financing agreement between the European Community and the Republic of Panama has been signed. Noting that this project comprises six sub-projects and is scheduled for completion by the year 2002, the Committee requests the Government to inform it on the results achieved and the possible continuation to be given to PROIGUALDAD from 2002 onwards.

3. Please provide information on the measures for application of the abovementioned Act No. 4 in regard to rural women (section 26), Afro-Panamanian women (section 27) and women with disabilities (section 28) in regard to equality in employment.

4. The Committee notes Act No. 9 of 20 June 1994 which establishes and regulates the administrative profession and of which sections 138(14) and 152(9) sanction sexual harassment with dismissal.

5. The Committee notes with interest the promulgation of Executive Decree No. 46 of 28 December 1998 establishing standards in regard to persons with disabilities and adopting other provisions related to the equalization of opportunities and facilities which should be provided for the population. It also notes with interest the activities carried out by the Minister of Labour and Labour Development to promote equality of opportunity in employment for disabled people, including the first national consultation meeting on an action programme on the social and economic integration of persons with disabilities held with the support of the ILO, Geneva, and the regional office in San Jos , Costa Rica. Please continue to supply information on the application of the Act.

6. Article 3(d) of the Convention. Please supply information on the manner in which the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation referred to in Article 2 is implemented in respect of employment under the direct control of a national authority.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the detailed information provided by the Government in its report.

Discrimination on grounds of sex

The Committee notes with interest the information provided by the Government concerning the discrimination from which women continue to suffer in access to employment and remuneration, as well as on the various measures taken by the Government to apply a policy of equality of opportunity and treatment, in accordance with the requirements of the Convention.

The Government states that: it is customary practice for employers to require proof that a woman is not pregnant as a prerequisite for recruitment; that job announcements, particularly for managerial posts, require male candidates; that for jobs involving relations with the public the requirements include a good physical presence, an age of between 18 and 25 years and specific ethnic characteristics; that in certain workplaces (bars and restaurants), preference is given to single women; and that many enterprises resist the access of women trainees to vocational training programmes for jobs not traditionally occupied by women. The Government adds that the absence of labour regulations governing the activities of the informal sector means that the issues affecting an increasing number of women who are turning to the sector are not addressed and that women with disabilities face the combined obstacles of their invalidity and prejudices based on sex. The Committee requests the Government to supply information on the measures taken or contemplated to remedy the absence of regulations concerning discrimination in the informal sector.

The Committee notes that, within the framework of Ministry of Youth, Women, the Child and the Family, established by Act No. 42 of 19 November 1997, a National Directorate of Women has been established, whose functions include promoting the full participation of women in the economic, political and social development of the country under conditions of equal rights and opportunities. It also notes the programme for the training and dissemination of women's rights in the world of work, the essential objective of which is to "prevent and eradicate discrimination against women in employment in all its manifestations".

The Committee requests the Government to supply detailed information in its next report on the activities undertaken in the framework of the above Programme and on the measures adopted to eradicate the practices to which it refers concerning the requirement to provide proof of not being pregnant for recruitment and discriminatory job announcements. The Committee also requests the Government to supply information on any measure which has been taken or is envisaged to protect workers against discrimination, and particularly discrimination on grounds of sex.

Sexual harassment

The Committee notes the explanations provided by the Government in reply to its previous direct request on protection against sexual harassment in the workplace, which may affect both men and women, and its information on the prevalence of sexual harassment practices in the workplace due to the absence of specific laws, policies and strategies for its prevention.

The Committee notes section 128(28) of the Labour Code, which makes it compulsory for employers to establish an equitable, reliable and practical procedure to investigate complaints of sexual harassment and the imposition of the appropriate penalties and it requests the Government to provide information on any measure which has been taken or is envisaged to protect workers against sexual harassment.

The Government also states in its report that Act No. 9 of 20 June 1994, which establishes and regulates administrative careers, prohibits and sanctions sexual harassment with the direct dismissal of the official that commits such an offence. The Committee requests the Government to supply a copy of Act No. 9 of 20 June 1994.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read, in part, as follows:

(...)

2. The Committee notes the information provided regarding sexual harassment in the workplace. It notes that the Ministry of Labour and Social Welfare provides technical and financial assistance, in addition to coordinating the activities of the non-governmental organizations engaged in securing measures to protect workers against sexual harassment in the workplace. The Committee asks the Government to continue to provide information in this regard, including details of any legal measures taken or contemplated. The Committee also notes that the Government again relies on section 223(13) of the Labour Code (compensation for unjustified dismissal) as the remedy when workers are subjected to sexual harassment, and as prohibiting the employer from carrying out immoral acts. The Committee, noting that this provision protects against only one aspect of sex discrimination, namely unjustified dismissal, asks the Government to inform it of any other enforcement machinery (such as the Civil Code provisions) which might protect applicants for jobs, or workers faced with changes in their terms and conditions of employment linked to sexual harassment short of dismissal.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the information in the Government's reports concerning the settlement of conditions of work issues, affecting workers of Panamanian extraction in the Canal Zone, through approval by the United States Congress of Bill No. HR 1558 to amend Act No. 96-70 of 1979 regarding working conditions in the Panama Canal Zone.

2. The Committee notes the information provided regarding sexual harassment in the workplace. It notes that the Ministry of Labour and Social Welfare provides technical and financial assistance, in addition to coordinating the activities of the non-governmental organizations engaged in securing measures to protect workers against sexual harassment in the workplace. The Committee asks the Government to continue to provide information in this regard, including details of any legal measures taken or contemplated. The Committee also notes that the Government again relies on section 223(13) of the Labour Code (compensation for unjustified dismissal) as the remedy when workers are subjected to sexual harassment, and as prohibiting the employer from carrying out immoral acts. The Committee, noting that this provision protects against only one aspect of sex discrimination, namely unjustified dismissal, asks the Government to inform it of any other enforcement machinery (such as the Civil Code provisions) which might protect applicants for jobs, or workers faced with changes in their terms and conditions of employment linked to sexual harassment short of dismissal.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With regard to working conditions in the Canal Zone, the Committee notes the Government's statement that the United States Congress is currently debating Bill No. HR 1558 to amend Act No. 96-70 of 1979. It also notes the views of the Ministry of Foreign Affairs on the proposed amendments, which have been forwarded to the United States Embassy in Panama. The Committee hopes that the problems of discrimination in employment and occupation in the Canal Zone will be resolved. The Committee asks the Government to provide information on any progress made in this respect.

2. The Committee notes the information supplied by the Government concerning sexual harassment in the workplace. It asks the Government to provide further information on the following points: (a) the steps taken to support the action of non-governmental organizations to secure specific legal measures to protect workers against acts of sexual harassment in the workplace; and (b) the measures adopted to ensure that termination of the employment relationship by the worker, with entitlement to compensation for unjustified dismissal (under sections 128(6) and 223(4) and (13) of the Labour Code), is not the only remedy available in the event of sexual harassment.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct requests, the Committee notes the Government's report and the attached documentation.

1. With reference to the statistics compiled by the Regional Employment Programme for Latin America and the Caribbean (PREALC), which showed that the average monthly earnings of women workers in most economic activities, both in the public and private sectors, are in general lower than those of men, the Committee requested the Government in its previous comments to supply: (a) information as the reasons for these wage disparities between the sexes; and (b) the measures which have been taken or are envisaged to remedy these inequalities. The Committee notes that the Government refers to the manner in which women are integrated into the labour market and to factors of a cultural nature, as well as the statistical methodologies, as possible explanations for the wage disparities, but does not mention the measures taken to remedy them. The Committee once again requests the Government to supply information on the measures which have been adopted or are envisaged in this respect. In this context, the Committee refers to the explanations contained in paragraphs 22 and 23 of its 1986 General Survey on Equal Remuneration and to the principles set out in Article 2 of the Convention, which establishes the obligation to ensure equal remuneration for men and women workers for work of equal value.

2. Since the matter is not referred to in the Government's report, the Committee requests it to supply detailed information on the methods used in conducting objective and impartial job evaluations, as required by section 145 of the Labour Code read in conjunction with section 10 of the Code (relating to violations of the principle of equal remuneration).

3. With reference to the 1991 ruling of the Supreme Court of Justice in an action to declare unconstitutional section 145 of the Labour Code (the determination of the period of retroactivity of a ruling establishing that the principle of equal wages has been violated), the Committee would be grateful if the Government would supply explanations on the scope of the Court's ruling, which is merely of an interpretative nature. Is its scope erga omnes? Will it continue to be applied in future? Might it only be applied in the case in question?

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the Government's report and the attached documents.

1. The Committee takes note of the statistics compiled by the ILO Regional Employment Programme for Latin America and the Caribbean (PREALC), referred to as a source in the appendices to the report, which show that the average monthly earnings of women are generally lower than those of men, in both the private and public sectors. The Committee therefore asks the Government to provide information as to the reasons for these wage disparities as well as on the measures taken or contemplated to remedy them. In this connection, the Committee refers to the explanations in paragraphs 22 and 23 of its 1986 General Survey on Equal Remuneration and to the principle laid down in Article 2 of the Convention which establishes the obligation to ensure equal remuneration for men and women workers for work of equal value.

2. The Committee would be grateful if the Government would: (a) send some samples of the collective agreements referred to on page 2, paragraph 2(b) of its report; and (b) provide detailed information on the methods used in conducting objective and impartial job evaluations, as required by section 145 of the Labour Code read together with section 10 of the same Code (in the event of the violation of the principle of equal remuneration).

3. The Committee notes the information contained in the Government's report to the effect that there have been no judicial rulings concerning the principle of equal remuneration, and trusts that the Government will continue to provide information in this respect (in accordance with Part IV of the report form).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes the Government's report and the attached documents and statistics.

1. The Committee notes with interest that Mrs. Carmen Paz de Pinzón has been reinstated as officer of medical records and health statistics by Resolution 2240-90 of 24 May 1990 of the Social Security Fund.

2. With regard to working conditions in the Canal Zone, the Committee notes the Government's statement that the United States Congress is currently debating Bill No. HR 1558 to amend Act No. 96-70 of 1979. It also notes the views of the Ministry of Foreign Affairs on the proposed amendments, which have been forwarded to the United States Embassy in Panama. The Committee hopes that the problems of discrimination in employment and occupation in the Canal Zone will be resolved. The Committee asks the Government to provide information on any progress made in this respect.

3. The Committee notes the information supplied by the Government concerning sexual harassment in the workplace. It asks the Government to provide further information on the following points: (a) the steps taken to support the action of non-governmental organizations to secure specific legal measures to protect workers against acts of sexual harassment in the workplace; and (b) the measures adopted to ensure that termination of the employment relationship by the worker, with entitlement to compensation for unjustified dismissal (under sections 128(6) and 223(4) and (13) of the Labour Code), is not the only remedy available in the event of sexual harassment.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments, the Committee notes that Act No. 43 of 23 December 1953 by which totalitarian activities such as communism are declared illegal and in violation of the Constitution of the Republic of Panama has been repealed by Act No. 8 of 5 October 1978 regulating political parties.

1. In its previous comments, the Committee noted with interest the Government's communication dated 12 March 1990 according to which it has reinstated health workers who had been dismissed by virtue of Wartime Legislative Decree No. 2 of 9 October 1989, and requested the Government to supply information on the new appointment of Mrs. Carmen P. de Pinzón. Since the last report of the Government contains no information on the matter, the Committee hopes that the next report will contain the information requested.

2. With regard to its previous comments, the Committee notes the Government's statement that the United States Act No. 96-70 of 1979 is still in force and infringes the Canal Treaty by granting economic benefits in the Canal Zone only to United States citizens. The Government also refers to a number of violations which occurred between October 1988 and December 1989 and constitute discrimination in the field of labour. It indicates that, in January 1990, relations between Panama and the Government of the United States entered a new phase and it is therefore to be hoped that the problems of discrimination in employment and occupation will be settled. The Committee asks the Government to provide information on any progress made in this respect.

3. With reference to its direct request of 1991, the Committee asks the Government to indicate the measures that have been contemplated or taken to provide better protection for workers against acts of sexual harassment in the workplace.

4. The Committee asks the Government to provide detailed information, including statistics, on the measures taken to promote, in practice, equality of opportunity for women in employment, particularly in jobs subject to direct supervision by a national authority.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to the first point of its previous direct request concerning the communication from the Association of Physicians, Dental Surgeons and Allied Professions of the Social Security Fund (AMOACSS), dated 23 October 1989, the Committee notes with interest the Government's communication dated 12 March 1990 according to which it has reinstated the health workers who had been dismissed by virtue of Wartime Legislative Decree No. 2 of 9 October 1989. The Committee requests the Government to supply information on the new appointment of Mrs. Carmen P. de Pinzón.

2. The Committee is bound, in the absence of a report, to reiterate the other points raised in its previous direct request, as follows:

In its previous comments, the Committee referred to the allegations by the Government of Panama that breaches of the Panama Canal Treaty are resulting in discriminatory situations regarding access to employment and conditions of work in the Panama Canal Commission.

1. The Committee noted article IX, paragraph 1, of the Panama Canal Treaty, which declares the legislation of the Republic of Panama to be applicable to the Canal Zone, article X, which deals with employment in the Panama Canal Commission, and section 10 of the Labour Code, which guarantees the principle of equal remuneration.

The Committee also noted the allegations contained in Document CERD/C/149/Add.4 of 4 June 1986, according to which subsidies such as housing, electricity and transport are granted to United States employees and employees of any nationality who are recruited outside the Republic of Panama; Panamanian employees who carry out identical tasks do not receive these benefits. The cost of the subsidies is borne by the budget of the Commission. The Document adds that "although Panamanians represent 80 per cent of the labour force in the Panama Canal Commission, they still have a very low degree of participation in the executive positions of the Commission".

In its report, the Government refers to the steps taken with regard to the United States Government to request the amendment of the provisions of the United States Act No. 96-70 of 1979 which, according to the Government of Panama, infringes article X(6) of the Panama Canal Treaty by granting a cost-of-living-adjustment payment, to be financed by the Commission, only to North American citizens.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged in order to remove the obstacles which prevent the effective implementation of the principle of equality contained in the Convention.

2. The Committee notes the Act by which totalitarian activities such as Communism are declared illegal and in violation of the Constitution of the Republic of Panama (Act No. 43 of 1953), which provides, in section 3, that "No person who is found to belong or collaborate with totalitarian parties, organisations or groups, such as Communists, shall be able to work in the national or municipal Government, nor in its autonomous or semi-autonomous dependent bodies, nor sit on official bodies, nor participate in transactions with the above bodies".

The Committee requests the Government to state whether Act No. 43 of 1953 is still in force. In the event of the Act having been repealed, the Committee requests the Government to supply a copy of the Act repealing it. If, on the other hand, Act No. 43 remains in force, the Committee requests the Government to report on the measures that have been taken or are envisaged to ensure observance of the Convention, which protects workers against discrimination based, inter alia, on political opinion.

3. The Committee notes with interest the information supplied by the Government concerning the programmes undertaken to ensure access to employment and training to Panamanians of different ethnic origins.

The Committee requests the Government to continue supplying information on the measures that have been taken to promote a policy of equality in respect of groups of different ethnic origins.

4. The Committee notes with interest the judicial ruling of 12 January 1987 (Burgos v. Banco Continental), which was attached to the Government's report on Convention No. 100.

In the above ruling, the Court considered that it was clearly discriminatory behaviour to make the right of women workers to promotion subject to conditions of a personal nature, which made them the victims of harassment by their employer or his representative.

The Committee requests the Government to continue supplying information on the measures that are taken to protect women workers against acts of sexual harassment at the workplace.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's reports which were received in June 1988 and October 1989. While noting the concerns expressed in these reports, it notes that the information supplied does not reply at all to the comments made in its previous requests.

The Committee therefore once again requests the Government to supply full information in its next report on the measures that have been taken to promote the principle of equal remuneration for men and women workers for work of equal value, as provided for in the Convention.

The Committee also requests the Government to supply copies of some of the collective agreements establishing wage rates for workers of both sexes and to supply information, including copies of judicial decisions, which would enable it to assess the effect given in practice to the concept of "equal work" contained in section 10 of the Labour Code, and also to supply information on the way in which "equal conditions" as regards "efficiency" are determined for the workers concerned as set out in the same section.

The Committee hopes that the Government will not fail to supply the above information (the judicial decisions supplied with the above reports do not deal with equal remuneration) and that it will indicate the methods and criteria used by the national commission referred to in previous reports for the determination of minimum wages for various jobs. Please also supply statistics on current wages, both in the private and public sectors, since the statistics to which the Government referred in its report dated June 1987, have not been received.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the communication from the Association of Physicians, Dental Surgeons and Allied Professions of the Social Security Fund (AMOACSS), dated 23 October 1989, concerning the dismissal of health-care workers by virtue of the Wartime Legislative Decree No. 2 of 9 October 1989. According to AMOACSS, these dismissals were made on political grounds. The above communication was transmitted to the Government for its comments on 12 December 1989 and the Government has not yet supplied its observations. The Committee hopes that the Government will make the observations that it considers appropriate on the matters raised in this communication in its next report.

2. The Committee also hopes that the Government will supply information in its next report on the questions raised in its previous direct request, which read as follows:

In its previous comments, the Committee referred to the allegations by the Government of Panama that breaches of the Panama Canal Treaty are resulting in discriminatory situations regarding access to employment and conditions of work in the Panama Canal Commission.

1. The Committee noted article IX, paragraph 1, of the Panama Canal Treaty, which declares the legislation of the Republic of Panama to be applicable to the Canal Zone, article X, which deals with employment in the Panama Canal Commission, and section 10 of the Labour Code, which guarantees the principle of equal remuneration.

The Committee also noted the allegation contained in Document CERD/C/149/Add.4 of 4 June 1986, according to which subsidies such as housing, electricity and transport are granted to United States employees and employees of any nationality who are recruited outside the Republic of Panama; Panamanian employees who carry out identical tasks do not receive these benefits. The cost of the subsidies is borne by the budget of the Commission. The Document adds that "although Panamanians represent 80 per cent of the labour force in the Panama Canal Commission, they still have a very low degree of participation in the executive positions of the Commission".

In its report, the Government refers to the steps taken with regard to the United States Government to request the amendment of the provisions of the United States Act No. 96-70 of 1979 which, according to the Government of Panama, infringes article X(6) of the Panama Canal Treaty by granting a cost-of-living-adjustment payment, to be financed by the Commission, only to North American citizens.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged in order to remove the obstacles which prevent the effective implementation of the principle of equality contained in the Convention.

2. The Committee notes the Act by which totalitarian activities such as Communism are declared illegal and in violation of the Constitution of the Republic of Panama (Act No. 43 of 1953), which provides, in section 3, that "no person who is found to belong or collaborate with totalitarian parties, organisations or groups, such as Communists, shall be able to work in the national or municipal Government, nor in its autonomous or semi-autonomous dependent bodies, nor sit on official bodies, nor participate in transactions with the above bodies".

The Committee requests the Government to state whether Act No. 43 of 1953 is still in force. In the event of the Act having been repealed, the Committee requests the Government to supply a copy of the Act repealing it. If, on the other hand, Act No. 43 remains in force, the Committee requests the Government to report on the measures that have been taken or are envisaged to ensure observance of the Convention, which protects workers against discrimination based, inter alia, on political opinion.

3. The Committee notes with interest the information supplied by the Government concerning the programmes undertaken to ensure access to employment and training to Panamanians of different ethnic origins.

The Committee requests the Government to continue supplying information on the measures that have been taken to promote a policy of equality in respect of groups of different ethnic origins.

4. The Committee notes with interest the judicial ruling of 12 January 1987 (Burgos v. Banco Continental), which was attached to the Government's report on Convention No. 100.

In the above ruling, the Court considered that it was clearly discriminatory behaviour to make the right of women workers to promotion subject to conditions of a personal nature, which made them the victims of harassment by their employer or his representative.

The Committee requests the Government to continue supplying information on the measures that are taken to protect women workers against acts of sexual harassment at the workplace.