Direct Request (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 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 Committee notes the full information provided in the Government’s report and the various annexes attached. The Committee also notes the detailed report prepared by the Indigenous Assemblies and Organizations of Panama on the situation of indigenous peoples, and the numerous annexes, which were forwarded to the Government on 27 May 2003 for its comments. The Committee also refers to its observations.

2. Article 2. Development of coordinated programmes. The Committee notes the indication of the Indigenous Assemblies and Organizations of Panama that, despite the major progress achieved in the recognition of indigenous rights, these peoples continue to be affected by a high rate of poverty, which is in most cases substantially higher than that of the non-indigenous population.

3. The Committee notes the information provided by the Government that the activities of the National Council for Indigenous Development (CNDI) have been evaluated. The Committee would be grateful if the Government would provide a copy of this evaluation which its next report, as well as copies of records or reports relating to the activities carried out or envisaged to improve the social, economic and cultural situation of indigenous peoples.

4. With reference to its previous comment, the Committee requests the Government to provide information on the manner in which the CNDI coordinates it activities with the various institutions dealing with indigenous matters.

5. The Committee notes with interest the information on the action taken in the context of the Community Works Programme, the report of which is attached to the Government’s report. It also notes the activities carried out under various projects which form part of the Darién Sustainable Development Programme, and particularly in the comarcas (administrative regions) of Emberá-Wounaan and Wargandi, details of which are provided in a report forwarded by the Government.

6. The Committee notes with interest the information on the development of the Land Titularization Programme (1988–2003), the Land Registration and Titularization Project and the Sustainable Farms Programme. The Committee requests the Government to keep it informed in its next report on further activities carried out under these programmes and the above project, and on any other new programme or project drawn up with the consultation and/or participation of representatives of the indigenous peoples concerned with the objective of the application of the Convention.

7. The Committee notes the information provided in annex to the Government’s report concerning the technical and legal assistance provided to strengthen the capacities of the leaders of the Emberá-Wounaan General Assembly for Collective Lands to formulate and promote Bill No. 17 recognizing and strengthening the rights of the Emberá and Wounaan peoples concerning collective lands which were excluded from the Emberá comarca. The Committee requests the Government to provide information in its next report on any progress achieved in the legislative process relating to this Bill.

8. The Committee notes with interest the information provided by the Government concerning the activities of the Ngöbe Buglé Project and the new Project for the Sustainable Development of the Ngöbe Buglé comarca and for the Advancement of Neighbouring Poor Rural Areas, both financed by the International Fund for Agricultural Development (IFAD). The Committee requests the Government to provide information in its next report on the manner in which representatives of the indigenous communities concerned participate in or are consulted by the Project Management Unit (UGP) established to coordinate and administer the new project.

9. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama indicating that there is a legal void in the enforcement of the legal provisions acknowledging the right of the Emberá‑Wounaan comarca to have a budget. The Committee would be grateful if the Government would provide information on this situation.

10. The Committee notes the Government’s indication that a National Indigenous Development Plan has still not been established due to budgetary problems and the lack of technical assistance to certain indigenous communities to prepare their proposals. The Committee trusts that the Government will be able to provide information in its next report on the progress achieved in this respect.

11. Protection measures. The Committee notes with concern the information provided by the Indigenous Assemblies and Organizations of Panama that members of the Kunas de Pucuru and Paya communities were the victims of violence by Colombian irregular groups and that, in this connection, the Emberá‑Wounaan General Assembly has formulated and submitted to the President of the Republic of Panama a proposal to ensure their security, a copy of which was attached to its communication. The Committee asks the Government to take the appropriate measures to ensure the safety and physical integrity of indigenous communities in border areas, and to provide information in this regard, including information on the effect given to the above proposal.

12. Article 5. Right to be consulted. The Committee notes the reference in the communication of the Indigenous Assemblies and Organizations of Panama to the lack of participation of such communities in the planning of a state policy for the development of indigenous areas. The Committee notes the information provided by the Government on the establishment of local advisory committees in the Ngöbe Buglé comarca and of three advisory committees at the level of comarcas on environmental issues. The Committee requests the Government to provide information in its next report on the activities of these committees, and of other advisory committees which enable the various indigenous communities to participate in the planning of their development. The Committee further requests information on the procedures adopted for such consultations, and the results obtained and any difficulties encountered.

13. In its previous comment, the Committee referred to differences in the scope of the rights established in the various regional legislations. The Committee notes the information provided by the Government in its report that it is seeking to update and improve the relationship with indigenous peoples within the context of the new special legal framework. The Committee trusts that the Government will provide information in its next report on any measures adopted or envisaged to prevent the differences between regional legislations giving rise to imbalances in the rights and development of the various communities.

14. The Committee notes the information provided by the Government indicating that the preliminary environmental impact study for any exploration and exploitation in indigenous areas is a state commitment under section 45 of the Basic Charter of the Kuna de Madungandí comarca and section 96(2) of the Basic Charter of Emberá Darién. The Committee would be grateful if  the Government would indicate in its next report the manner in which the application of this principle is ensured in the other comarcas.

15. With reference to its previous comment, the Committee notes the Government’s indication that it is not aware of the existence of any initiative to amend Act No. 15 of 7 February 2001 which makes the consultations envisaged in section 48 of Act No. 10 of 7 March 1997 conditional upon exploitation projects being located totally within the same comarca. The Committee requests the Government to consider adopting measures to make it possible for consultations to be held with the communities concerned in cases of exploitation even where the area in question is not located in its entirety within the same comarca.

16. The Committee notes the Government’s indication that a final decision has still not been handed down in the case of Tabasará II concerning the construction of two hydroelectric dams across the River Tabasará. On this subject, the Committee noted in its previous comments that the Constitutional Chamber of the Supreme Court of Panama had ordered the suspension of work on the grounds that prior consultations had not been held with the indigenous community concerned. The Committee hopes that the Government will be in a position to provide further information on this case in its next report.

17. Article 6. Conditions of life and work. The Committee notes with concern the contents of the field study prepared by the Commission on Women’s Affairs, the Rights of the Child, Young Persons and the Family of the Legislative Assembly, which was forwarded by the Indigenous Assemblies and Organizations of Panama. The study deals with the deplorable conditions of life and work of Ngöbe and Buglé boys and girls who work in sugar cane and coffee plantations in the provinces of Coclé and Veraguas. According to the report, there are no beds, latrines or baths and the boys and girls sleep on cardboard under trees. The Committee requests the Government to provide information in its next report on the measures adopted or envisaged to improve the conditions of life and work, as well as the educational level, of the populations concerned.

18. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama according to which indigenous peoples encounter difficulties obtaining credits as their lands cannot be seized or adjudicated. The Committee would be grateful if the Government would provide information in its next report on the measures adopted or envisaged to facilitate the granting of credits to members of these communities.

19. Articles 7 and 8. Customary laws and methods of control. The Committee hopes that the Government will soon be able to provide copies of court decisions which take into consideration the application of customary laws and the methods of control practised by indigenous communities.

20. Articles 11 to 14. Land rights. With reference to its previous comment on the conflict between indigenous peoples in the comarca Kuna de Madungandí and the settlers who were systematically invading their lands, the Committee notes the information provided by the Government indicating that the invaders are being notified that they have to leave the lands. With regard to the petition received by the Inter-American Commission on Human Rights on 11 January 2001 (complaint No. 12354) respecting the land rights of the Kuna and Emberá, the Committee notes that it is still at the stage of being settled amicably. The Committee would be grateful if the Government would provide information in its next report on any development relating to these matters.

21. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama indicating that the lands of the Emberá and Wounaan communities which belong to the General Assembly of Collective Lands are being illegally invaded by non-indigenous peoples. The same communication also indicates that there has been no practical response from the government authorities to resolve the illegal invasions. The Committee requests the Government to keep it informed in its next report of any progress achieved in relation to these matters, including information on whether it has been possible to guarantee the peaceful ownership of their lands to the indigenous communities of the comarca Kuna de Mandungandí in the region of Wacuco and the comarca Kuna de Wargandí.

22. With reference to the information provided by the Indigenous Assemblies and Organizations of Panama, the Committee would be grateful if the Government would provide information on the stage reached in the discussions between the authorities of the comarca Kuna Yala and the Government with regard to the amendment of the Act of 1953 which did not include in this comarca the lands of the Kuna communities in the Gardi sector.

23. The Committee notes the allegation in the communication of the Indigenous Assemblies and Organizations of Panama concerning the prohibition by the National Environmental Authority (ANAM) of the use by the Kunas Pucuru and Paya communities of a sacred site located in the Cerro Takarkunyala. According to the communication, the ANAM also prohibited the Emberá and Wounaan peoples from using part of the comarca Emberá-Wounaan which coincides with the Darién National Park. The Committee would be grateful if the Government would provide information in its next report on these matters.

24. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama to the effect that the comarca Ngöbe-Buglé is affected by the construction of the Punta Peña-Almirante road, in the province of Bacas del Toro, and that compensation has not been granted despite government promises. The Committee would be grateful if the Government would provide information on this subject.

25. The Committee notes the communication of the Indigenous Assemblies and Organizations of Panama concerning the need to recognize the territory of the Bri‑Bri people to preserve their customs and natural resources. The Indigenous Assemblies and Organizations of Panama adds that the creation of a comarca of the Naso people, located in the La Amistad International Park (Pila Park), is under discussion. The Committee would be grateful if the Government would provide information in its next report on both matters.

26. The Indigenous Assemblies and Organizations of Panama indicates that the creation of protected areas has affected the traditional use of the lands inhabited by indigenous peoples in relation to activities such as hunting, fishing and cultivation. The Committee would be grateful if the Government would provide information on this comment, with an indication in particular of the manner in which effect is given to the provision of Act No. 41 of 1998 (the General Environment Act) requiring coordination between the ANAM and the authorities of indigenous peoples on all matters relating to the environment and natural resources.

27. The Committee notes the information provided by the Indigenous Assemblies and Organizations of Panama according to which the National Natural Resources Institute (INRENARE) granted to the National Nature Conservation Association (ANCON) lands belonging to the Emberá de Mogue, Llano Bonito and Cémaco communities, without their participation, thereby impeding their right to continue using in a traditional manner the natural resources of the lands. Similarly, the Indigenous Assemblies and Organizations of Panama report that a tourism enterprise is preventing the members of the Afrodarienitas and Emberá de Punta Piña communities from using the natural resources in their territories. The Committee would be grateful if the Government would provide information in its next report on these matters, and particularly on the consultations held with the communities concerned.

28. Articles 16 and 17. Vocational training. The Committee notes the information provided by the Government in its report and in Annex 15 concerning the vocational training activities provided for members of indigenous peoples. The Committee also notes the holding of the First National Meeting of Indigenous Youth and its follow-up with a view to improving the capacities of indigenous youth in modern subjects which will contribute to the development of their quality of life. The Committee trusts that the Government will continue to provide information on the application of these provisions of the Convention.

29. Article 18. Handicrafts and rural industries. The Committee notes with interest that, in accordance with the regulations issued under Act No. 20, of 26 June 2000, on the Special Rules for Intellectual Property relating to the Collective Rights of Indigenous Peoples, the collective rights of the Mola Kuna Panama community have been registered. The Committee trusts that the Government will be in a position to provide information in its next report on the measures adopted or envisaged to disseminate information among indigenous communities on the advantages of using this register.

30. The Committee would be grateful if the Government would provide information in its next report on the effect given in practice to Act No. 35, of 25 July 2000, establishing the Board of Fairs of Indigenous Peoples.

31. Articles 19 and 20. Social security and health. The Committee notes the allegations made by the Indigenous Assemblies and Organizations of Panama concerning the difficulties encountered by indigenous communities in gaining access to health services due to economic, geographical, climatic and cultural factors. It notes that, according to statistical data, there are 2.1 doctors for each 10,000 indigenous inhabitants, while the average is 8.9 for non-indigenous peoples. The Committee trusts that the Government will continue to provide information in its next report on the measures adopted or envisaged to improve the health care of the various indigenous communities.

32. The Committee notes the holding of the II National Forum for Indigenous Peoples for members of indigenous organizations and health-care officials with a view, inter alia, to develop traditional medicine. The Committee trusts that the Government will continue to provide information on this subject.

33. The Committee notes the information provided by the Government that the Social Security Fund concluded an agreement with the Ministry of Health and that it has launched a programme to improve the access to health-care institutions in the interior of the country.

34. The Committee notes the information provided by the Government in its report concerning the conclusion of a health agreement signed with the Government of Colombia which, it is hoped, will benefit indigenous populations to the level of 90 per cent.

35. The Committee notes with interest the information provided in the Government’s report and Annexes 17 and 18 relating to the action taken to give effect to this part of the Convention in the context of: Project PAN/00/P01; the Project for Inter-cultural and Gender Equity for the Indigenous Populations of Panama; the Project TRAMIL-MINSA; the Prevention Project; the MINSA/World Bank Rural Health Project; the Plague-Health Project; the Frontier Barrier Project; the Iodine Deficiency Disorders Survey; and the Traditional Medicine Project. The Committee also notes with interest the training of doctors from the Emberá-Wounaan community in external locations and of indigenous officials as health and laboratory assistants in the Darién Region Health Services. The Committee trusts that the Government will continue providing information on the results achieved through the various projects and agreements referred to above.

36. Articles 21 and 24. Education. The Committee notes the information provided in the communication of the Indigenous Assemblies and Organizations of Panama indicating that members of indigenous communities have fewer possibilities of gaining access to formal education than the rest of the population. The Committee notes the information provided by the Government on the provision of grants to young persons from the various indigenous communities by the Human Resources Development Institute (IFARHU), as well as the annex to its report providing detailed information on the number of young beneficiaries. The Committee requests the Government to continue providing information in its next report on the measures adopted or envisaged to improve the educational level of indigenous peoples, thereby giving effect to the provisions of these Articles of the Convention.

37. The Committee noted in its previous comment Act No. 34, of 6 July 1995 (the Education Act), setting forth the principle of inter-cultural bilingual education. The Committee also referred to the establishment in 1998 of the technical coordinating unit for the implementation of special programmes in indigenous areas for the implementation of inter-cultural bilingual education. In its previous comment, the Committee reminded the Government of the importance of establishing inter-cultural bilingual education. Without overlooking the difficulties referred to in this respect by the Government in its reports, the Committee hopes that the next report will include information on the adoption of educational measures that take into account the right of members of indigenous communities to receive education in their own language.