Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. The Committee notes the Government’s detailed report and the full information provided in the numerous annexes. In particular, it notes the intense legislative activity during the period covered by the Government’s report, and the progress achieved in establishing a legal framework recognizing the rights of indigenous communities.

2. In this context, the Committee notes with particular interest the adoption of laws establishingcomarcas (protected regions) and the basic administrative charters for the comarcas of Emberá-Wounaan de Darién, Kuna de Madungandí, Ngöbe-Buglé and Kuna de Wargandí. It also notes the various laws setting forth the rights of the indigenous population in such areas as education, intellectual property of the collective rights of indigenous peoples and all the information contained in the compilation on the rights of indigenous peoples of Panama, published by the Project for the Strengthening of the Capacity for the Legal Defence of Indigenous Peoples in Central America, ILO (San José, Costa Rica) and the People’s Legal Assistance Centre (CEALP) of Panama, which was published in San José, Costa Rica, in 2002.

3. With reference to its previous observation on the requirements of Article 2 of the Convention, under which "governments shall have the primary responsibility for developing coordinated and systematic action", the Committee notes that Executive Decree No. 1 of 11 January 2000 established the National Council for Indigenous Development (CNDI), of which the National Directorate of Indigenous Policy will be the technical secretariat. CNDI is a consultative and deliberative body on public policies and action for indigenous peoples, through coordinated dialogue among state bodies, and indigenous congresses and organizations, to ensure respect and compliance with human rights, indigenous rights and the pluri-cultural nature of the Panamanian State. The Committee also notes that in 1995 the Indigenous Affairs Commission of the Legislative Assembly was created to facilitate the approval of laws and as a permanent body to deal with complaints from indigenous peoples. The Committee hopes that the Government will keep it informed of the efforts made and the progress attained in the implementation of a coordinated and systematic action to the application of the Convention, and that it will indicate in particular the activities undertaken by the bodies referred to above since their establishment.

4. The Committee notes with particular interest that the new legislation represents considerable progress, for example in relation to self-government, the determination of indigenous territories, collective land ownership, the use of natural resources, and establishing the principle of participation in the profits obtained from the exploitation of such resources, and that it strengthens consultation with indigenous communities, protects intellectual property, incorporates respect for customs to varying extents and sets forth the principle of intercultural bilingual education.

5. The Committee also notes certain difficulties, particularly of an economic nature, in the implementation of this new legal framework, for example with regard to intercultural bilingual education, and it hopes that the Government will continue to make efforts to give effect to the new legislation in practice and that it will keep the Committee informed of the progress achieved and the difficulties encountered.

6. The Committee notes with interest the opinion issued by the Permanent Commission on Indigenous Affairs of the Legislative Assembly, dated 27 June 2000, on ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169). This opinion sets out reasons of fact and of law in support of the conclusion that the plenary of the Legislative Affairs Commission considered that Convention No. 169 should be submitted to the Legislative Assembly for approval. The Committee would be grateful if the Government would keep it informed of any further developments in this respect, and draws the Government’s attention to the fact that it may have recourse to the Office’s assistance where necessary.

7. The Committee is raising other matters in more detailed comments addressed directly to the Government.