Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

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

1. Article 1 of the Convention. The Committee notes the statistics concerning the indigenous population. It also notes that, according to the latest information available, the indigenous population represents 5.2 per cent of the total population of the country. The Committee hopes that the Government will supply, when possible, the new data on the indigenous population collected in the census to be conducted in 1990.

2. Articles 2 and 27. The Committee notes the activities of the National Directorate for Indigenous Policy, and particularly the reports prepared by the Directorate and its co-ordination duties in relation to the various bodies responsible for carrying out studies and projects in indigenous areas.

3. The Committee also notes the activities of the Ministry of Agricultural Development (MIDA) for the benefit of indigenous areas and their development. In particular, it notes the setting up of the Technical Executive Directorate for the Guaymí National Integrated Rural Development Plan for Indian Affairs (resolution No. ALP-12-ADM). The Committee notes that, according to the Government, the above resolution restricts the scope of activities that had originally been assigned to the Technical Executive Directorate. In this connection, it notes the Government's decision to extend once again the duties of the above Directorate, for which purpose it has formulated a draft resolution to set up the National Directorate of Indigenous Rural Development. The Committee notes that the draft resolution has been submitted to the Ministry of Agricultural Development for approval. The Committee notes that this draft makes no specific reference to the National Directorate for Indigenous Policy. In view of the responsibilities of the latter Directorate, the Committee requests the Government to indicate the relationship between the National Directorate of Indigenous Rural Development and the National Directorate for Indigenous Policy and the measures that have been taken regarding the co-ordination of the above bodies. The Committee requests the Government to supply information on the results of its work in this field and to indicate when the draft resolution is adopted to set up the National Directorate of Indigenous Rural Development.

4. In this connection, the Committee would be grateful if the Government would indicate whether the National Directorate of Indigenous Affairs still exists. The Committee notes the various bodies referred to in the Government's report and hopes that the Government will indicate in its next report whether any of these bodies is responsible for co-ordinating all the activities undertaken throughout the country affecting indigenous communities.

5. The Committee notes with interest the report on the activities of the Ministry of Agricultural Development in the integral rural development project for the Guaymí Indian areas for the period June-December 1985. The Committee requests the Government to continue supplying information of this type, as it clearly illustrates the type of activities that are being undertaken for the benefit of the indigenous communities.

6. Article 5. The Committee notes the information concerning the Integral Development Project for the Guaymí Indian Area (FIDA). In this connection, the Committee notes that during the Fourth General Congress of Guaymí Indians, held in March 1986, concern was expressed at the way in which this project was developing, in view of the fact that unilateral decisions appeared to be taken by the officials responsible for the project, without taking into account the participation of the Indians. The Committee hopes that the Government will duly take into account these observations and will take the necessary steps to ensure that Indians participate in the development of this project.

7. Furthermore, the Committee would be grateful if the Government would indicate whether it has considered the formal participation of representatives of the Indian organisations concerned in the decision-making bodies of the new Technical Executive Directorate.

8. The Committee notes that the Government has continued forwarding copies of reports on the application of the present Convention to the organisations of the Indian peoples concerned, but that it has received no comments from them. The Committee requests the Government to continue forwarding copies of its reports to the Indian organisations concerned, so that they can formulate their comments, and it hopes that it will indicate in future reports whether comments have been received in this respect.

9. Articles 11 to 14. The Committee notes that the National Directorate of Indigenous Policy is directing its endeavours, in particular, to establishing the boundaries of lands and issuing land rights to Indian peoples. It notes that these activities have been conducted, in particular, for the benefit of the Kunas group in the Comarca de San Blas and the Emberá group in Piriatí and Ipetí. The Committee requests the Government to continue supplying information on the work carried out by the National Directorate of Indigenous Policy, particularly with regard to the adoption of the Bill to create the Guaymí Comarca. In this connection, the Committee notes that during the Fourth General Congress of the Guaymí Indians, held in March 1986, reservations were expressed concerning the above Bill and a resolution was adopted on this subject. The Committee hopes that these reservations will be duly taken into consideration by the Government.

10. The Committee also notes from the information communicated by the Inter-American Indian Institute (III), that this institute has contributed to a study on the possibility of demarcating the Guaymí Comarca. In this respect, and in connection with the draft law for the creation of this Comarca, the Committee notes that the III expert who carried out the study expressed his reservations on sections 2, 4, 5, 6 and 7 of the draft, in particular, since these provisions would be contrary to Articles 11 and 12 of the Convention. The Committee hopes that the Government will take these reservations into account.

11. The Committee notes with interest the painstaking work carried out for the demarcation of the Indian reservation for the Kunas Indians of Madungandi de Bayano, by mutual agreement on 11 September 1985, when the boundaries of the area to be included in this reservation were established and the agreement concluded between the Government and the chiefs and representatives of the Kuna community of Madungandi, on 8 October 1985, for the discussion of the draft legislation to create this reservation for the Kunas. The Committee notes that the creation of this reservation originated from the Cuenca Water Project for the Alto Bayano and the construction of the Ascanio Villalaz Water Project. The Committee welcomes the seriousness of the work carried out to complete the transfer of the Kuna community of Majecito and for the creation of the corresponding reservation. The Committee requests the Government to continue supplying information on the development of this project and on the adoption of the legislation creating the Reserva Indígena Kuna de Madungandi de Bayano. The Committee also notes that in addition to the above reservation, work is going ahead on the creation of the Reserva Kuna de Ualá, Nurra y Morty in the Provincia del Darién. Finally, the Committee congratulates the Government on the work carried out on behalf of the Indians who were transferred, and in particular the Emberá Indians from Piariatí and Ipetí de Bayano, and hopes that the Government will continue supplying information on the measures that are adopted respecting Indians who are transferred.

12. The Committee notes the report of the commission set up to examine the case of the "Indians vs. the settlers of Bayano". It notes that the above commission has indicated the existence of disputes in the regions of Loma Bonita, Quebrada Calí and Puente del Río Bayano. The Committee notes the action taken concerning the settlers located in the regions referred to above, which are the areas in which the Reserva Kuna de Madungandi de Bayano would be situated. The Committee requests the Government to supply information on the action taken to resolve the disputes between settlers and Indians in this reservation.

13. With reference to resolution No. DN 171, of 5 October 1981, adopted to protect the lands set out as future comarcas and suspending the registration of land titles, the Committee notes, from the information supplied by the Government in its report, that this resolution will remain in force until the draft legislation that is under examination has been adopted to create Indian communities (the Kuna de Madungandi Reservation and the Guaymí Comarca), thereby avoiding problems with settlers.

14. Articles 16 and 17. The Committee notes with interest the work carried out by the National Vocational Training Institute (INAFORP) for the benefit of indigenous populations. It also notes the information supplied on the number of peoples benefiting from such training. The Committee welcomes the initiative taken by the INAFORP to use in its training programmes instructors from the Indian groups for which the programmes are intended, and the positive results of such programmes. The Committee requests the Government to continue supplying information on the measures taken in this field, the training programmes undertaken and their results.

15. As concerns the Cerro Colorado mining project which, according to the Government's information, is still suspended, the Committee requests the Government to indicate whether the studies and negotiations that it referred to in its last report are being continued.

16. Article 18. The Committee notes the information regarding a number of Indian co-operative industries in the fields of fishing, transport and craftwork, and particularly of Kuna, Guaymí and Waumon craftsmen. The Committee hopes that the Government will be able to supply more detailed information on the measures that it is taking or will take in this field.

17. Article 20. The Committee notes with interest the detailed information supplied regarding the health care measures taken to benefit Indians and, in particular, of the Report on the Health Care Activities and Resources for the Indigenous Population, 1987. The Committee requests the Government to continue supplying information on the projects implemented in this field and, in particular, on the Nutritional and Food Production Project for the Guaymí, Kuna and Chocoe Indians; negotiations are under way for this project to be carried out with the support of the Inter-American Development Bank (IDB). The Committee also hopes that the Government will take into consideration the observations and requests made by the Guaymí Indians during their Fourth General Congress regarding health care (resolution No. 5).

18. Articles 21 and 24. The Committee notes with interest the information supplied by the Government concerning the number of grants awarded by the IFARHU. The Committee notes that Annex 21, which was referred to in the report and which gives detailed information on the grants awarded by the IFARHU, has not been received. The Committee also notes the developments in the bilingual education system and the Report on the Bilingual Information Programme, 1975-87. The Committee notes with interest the training programmes for Indian teachers (Remote Training Programme for In-Service Teachers and the Grant Plan for the Training of Guaymí and Teribes Teachers). The Committee requests the Government to continue supplying information on the execution of these programmes.

19. The Committee notes that a number of bilingual education programmes were suspended for lack of resources (the report referred to above, page 15). The Committee requests the Government to supply information on the measures that have been adopted or that are under consideration to ensure that these programmes can continue to be executed. In particular, it requests information on whether it was possible to carry out the experimental adult literacy programme for Kunas and Ngoberes, instigated by the IDB, and on its results. It also requests information on the outcome of the literacy programme financed by the IDB to improve the literacy and vocational skills of the Indian population, and on the outcome of the project initiated by UNESCO to improve the literacy and vocational skills of indigenous women in Embará (report cited, pages 16-20). The Committee would be grateful if the Government would send information on the effect given to the proposal to include a chapter concerning the development of indigenous education in the draft basic legislation for the restructuring of the Panamian education system. Finally, the Committee requests the Government to supply information on the measures that have been adopted or are envisaged to take into account the comments and requests of the Fourth General Congress of the Guaymí Indians regarding education (resolution No. 4).