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

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

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

1. The Committee notes the full information provided by the Government in its report, received in October 2003, and the numerous annexes attached. It also notes the detailed report prepared by the Indigenous Assemblies and Organizations of Panama on the situation of indigenous peoples, and the various annexes attached, which were forwarded to the Government on 27 May 2003 for its comments.

2. The Committee notes the information provided by the Government on the continuation of the legislative activity to provide legal guarantees for the rights of indigenous communities. In particular, the Committee notes with interest the establishment of the National Traditional Indigenous Medicine Commission and the Technical Secretariat for Traditional Medicine of Indigenous Peoples by Executive Decree No. 117 of 9 May 2003, the text of which was attached to the Government’s report and which recognizes the importance of the knowledge and therapeutic and healing practices of these peoples. The Committee trusts that the Government will provide information in its next report on the activities of these institutions both to promote the preventive methods, healing practices and traditional medicine of indigenous peoples and to improve the coverage of primary health care in rural and remote areas.

3. In its previous request, the Committee reminded the Government of the importance of adopting education plans incorporating the values and needs of indigenous populations. The Committee notes with interest the adoption of Act No. 5 of 15 January 2002 declaring 12 October to be the National Day of Reflection on the Situation of Indigenous Peoples and instructing educational institutions, both official and private, to carry out cultural activities on that day designed to study and appreciate the cultures of indigenous peoples, recognizing their contribution to the nation. This Act also provides that the Ministry of Education shall take measures to ensure that by January 2003 school texts incorporate changes recognizing the contribution made by the culture of indigenous peoples. The Committee would be grateful if the Government would keep it informed in its next report on the implementation of this Act.

4. The Committee notes the indication in the communication of the Indigenous Assemblies and Organizations of Panama concerning the urgent need to establish dialogue between indigenous peoples and the three state bodies to discuss the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). On this subject, the Committee noted with interest in its previous comment that the Permanent Commission on Indigenous Affairs of the Legislative Assembly considered it appropriate to ratify the Convention. The Committee notes the Government’s indication that it has not taken a definitive decision on this matter due to the complexity of the matters covered by the Convention and the effects of its application. The Committee wishes to point out once again to the Government that it can seek the Office’s assistance if it considers it necessary. The Committee hopes that the Government will once again provide information in its next report on any developments in relation to this matter.

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 very near future.