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

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

1. The Committee notes the detailed information contained in the Government's report, which arrived after its last session.

2. Article 1 of the Convention. The Committee notes the preliminary data derived from the 1990 census concerning the size and composition of the indigenous population of the country, and requests the Government to provide information based on the definitive results in its next report.

3. Articles 2 and 27. The Committee notes with interest the detailed information provided on the administration of activities affecting indigenous populations in the country.

4. In this respect, the Committee recalls that in its previous comments it noted a draft resolution which would have created a national directorate for indigenous affairs in the Ministry of Agricultural Development (MIDA). However, the report indicates that the decision was taken in 1988 not to approve this draft. The Committee notes further that the National Directorate for Indigenous Affairs in MIDA no longer exists, having been replaced in 1985 by the Technical Executive Directorate of the Guayami Rural Integrated Development Project of MIDA (resolution ALP-12-ADM of 22 May 1985, mentioned in the Committee's previous comments).

5. The Committee notes further the existence of the National Directorate for Indigenous Policy in the Ministry of Government and Justice, which was created by Act No. 27 of 30 January 1958. It also notes that the Directorate is located in the Community Organisation sector in the Ministry, which coordinates community development. In coordination with the Subdirectorate for Local Governments, the National Directorate for Indigenous Policy is conducting an interinstitutional workshop to learn of activities affecting local government and indigenous affairs carried out by other state bodies.

6. It appears from this information that there is no one body which has overall responsibility for indigenous affairs, and in fact that the coordination among the existing bodies is not highly developed. The Committee notes further that, at the time the report was prepared, the newly-installed Government had not yet considered this matter. It notes in addition the indication in the report that the need to ensure coordination among various bodies working on the question is recognised, and hopes that it will be taken into account. The Committee refers to the observation it is making this year in this connection, and hopes that in its next report the Government will be able to indicate the progress achieved in coordinating these activities.

7. Article 5. In its previous comments the Committee noted that the Fourth General Congress of Guayami Indians in 1986 had expressed reservations about the unilateral character of decision making in the Integral Development Project for the Guayami Indian Area, financed by the International Fund for Agricultural Development (IFAD). The Government has stated in its report that problems of consultation did exist in one area, but that it has taken measures to ensure full consultation since 1988. The Committee notes, for instance, the creation of Expanded Consultative Committees which meet every two months with the management and officials of the National Office of Coordination (ONADRI) of the Ministry of Planning and Political Economy (MIPPE) concerning this project. It notes also the establishment of the programme "Participation and organisation of beneficiaries" to guarantee direct participation in such projects under the responsibility of the General Directorate of Community Development (DIGEDECOM) of the Ministry of Government and Justice. The Committee welcomes this open and constructive approach to consultations with indigenous communities and leaders, and requests the Government to continue supplying information in this respect in its future reports. It refers to its observation on this question.

8. In previous reports the Government has stated that it continues to forward copies of its reports on the present Convention to the organisations of Indian peoples concerned, but that it has received no comments from them. The Committee hopes that the Government will continue doing this, and that it will consider whether it wishes to encourage these organisations to make such comments, possibly with the assistance of the ILO Regional Adviser in Latin America responsible for these questions.

9. Articles 11 to 14 - land rights. The Committee notes from the report that the Government, acting through the Ministry of Government and Justice, has reactivated the National Commission on Administrative Limits which was created by Executive Decree No. 113 of 26 September 1979. This Commission has the power to recommend a definitive solution to conflicts and discrepancies in boundary disputes, including the delimitation of Indian comarcas and reserves. Its recommendations are made to the Ministry, which submit them to the Legislative Assembly for decision.

10. In its previous comments the Committee asked for information on several cases in which delimitation of indigenous lands was under study. It notes from the report, however, that no further negotiations or draft legislation for this purpose can be pursued until there have been new elections for legislative seats in Indian areas, according to the Electoral Tribunal which had set 27 January 1992 as the date for the elections. Please indicate whether these elections were held, and whether negotiations or other action in this regard have begun anew.

11. In the meantime, the Committee refers to the questions it raised previously on the delimitation of reserves or comarcas for a number of communities, and notes the explanations provided in the Government's report. It hopes to receive with the Government's next report detailed indications of the progress achieved in each of these cases when the present crisis has passed.

12. On one of the matters to which the Committee referred in its previous comments, the Committee notes the information concerning the Government's efforts to resolve conflicts between settlers and Indians in the area of the proposed Reserva Kuna de Madungandi de Bayano. The Committee notes that the Government has referred to the need to relocate the settlers, and requests it to provide information in its next report on the progress achieved in the resolution of this conflict.

13. Articles 16 and 17. The Committee notes the additional information supplied in the report on the vocational training activities for indigenous people carried out by the National Vocational Training Institute (INAFORP).

14. As concerns the Cerro Colorado mining project, the Committee notes that its activities remain suspended.

15. Article 18. The Committee notes the additional information the Government has provided on a number of cooperative associations established among indigenous people, for transport, fishing, agriculture, health and handicrafts.

16. Article 20. The Committee notes the additional detailed information provided on the health care initiatives taken in indigenous communities.

17. As concerns the Nutritional and Food Production Project for the Guayami, Kuna and Chocoe Indians, which was proposed to the Inter-American Development Bank for financing, the Committee notes that there has been no progress during the last three years because of the crisis facing the country. It notes that the Government expresses the hope that it will be able to return to negotiations for this project. The Committee requests the Government to provide more information in its next report.

18. The Committee notes with interest the additional information concerning a project for the production of basic foodstuffs, carried out with the support of the World Food Programme. It hopes that the Government will continue to provide information on this project.

19. Articles 21 to 24. The Committee notes with interest the information provided by the Government on the number of educational grants awarded to Indian students, as well as the difficulties encountered in offering these grants more systematically in Indian areas, due to the economic situation of these groups and their consequent inability to meet costs. It requests the Government to continue to supply information in this connection.

20. The Committee notes from the Government's report that international scholarships, previously offered by the Government of Mexico in Indian studies, were halted by that country in 1990.

21. In its previous comments, the Committee requested information on the continuation of bilingual education programmes, as well as on the continuation of educational programmes funded by the Inter-American Development Bank and by UNESCO. It also requested information on the effect given to include a chapter on the development of indigenous education in the draft basic legislation for restructuring the Panamanian educational system. Please provide information on these questions in the next report.