Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations received in September 2014 from the International Organisation of Employers (IOE) and the National Council of Private Enterprise (CONEP) relating to the Chan-75 hydroelectric project.

Article 2 of the Convention. Development of coordinated programmes. The Committee notes the emphasis placed by the Government in its report that on 12 September 2014 an agreement was signed with the leadership of indigenous peoples relating to the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the promotion to a ministry of the Vice-Ministry of Indigenous Affairs, municipal decentralization and the implementation of the Plan for the Comprehensive Development of Indigenous Peoples. In its report, the Government provides a detailed description of the activities undertaken in the context of the main projects implemented in indigenous comarcas (regions) between 2010 and 2013 by the Ministry of the Economy and Finance. The Committee also notes that the network of indigenous public policies is composed of 45 institutions and the activities promoted by various government bodies for indigenous communities. The Committee requests the Government to continue providing information on the ratification of Convention No. 169 and the implementation of coordinated and systematic programmes, with the participation of the indigenous peoples concerned, to protect their rights and ensure respect for their integrity.

Article 5. Environmental consultations. The Committee notes the information provided on the consultations held in environmental committees at the comarca level with the Ngäbe Buglé, Guna Yala and Emberá Wounaan communities. The Government adds that studies are undertaken prior to the commencement of activities which may have an environmental impact on indigenous comarcas, in accordance with the General Act on the Environment of 1998 and Executive Decree No. 206 of 2006, regulating environmental impact studies. According to the National Environmental Authority (ANAM), the right of indigenous peoples to consultation shall prevail at all times, particularly as the greatest biodiversity in the country is in indigenous lands. The Committee also notes the ruling by the Supreme Court of Justice, dated 31 July 2014, denying the application filed by leaders of the Ngäbe Buglé community to prevent the construction of the Barrio Blanco hydroelectric project on the river Tabasará. As indicated by the Government in its report, in that ruling, the Administrative Litigation Chamber (Third Chamber) considered that “it is essential for the authorities to put in place and develop mechanisms ensuring an adequate response to the legitimate requirements of the socio-environmental development of the indigenous community”, and added that “ the authorities of the Executive are required to adopt and enforce the necessary legal measures to compensate the indigenous community and guarantee it the benefits arising out of the development of the project”. The Committee requests the Government to provide detailed information on the procedures which ensure the collaboration of indigenous peoples in environmental impact studies prior to the commencement of activities. Please indicate whether measures have been adopted to compensate the indigenous communities affected by projects which have an environmental impact and to guarantee their participation in the benefits arising out of such projects, following the Administrative Litigation Chamber decision (Third Chamber).

Article 6. Conditions of life and work. The Committee notes the measures adopted to eradicate the deplorable conditions of life and work of indigenous children, particularly those working in sugar cane and coffee plantations. The Committee requests the Government to continue providing information on the progress made with programmes for the prevention and eradication of child labour by indigenous children.

Articles 7 and 8. Customary laws. Please provide examples of matters for which the customary laws of indigenous peoples are still in force.

Article 11. Recognition of land rights. With reference to the comments that it has been making for many years, the Committee notes with satisfaction the adoption of Act No. 72 of 23 December 2008 establishing the special procedure for the recognition of collective ownership of lands by indigenous peoples which are not within comarcas, and its corresponding implementing Decree (Executive Decree No. 224 of the Ministry of Agricultural Development, of 29 June 2010). The Committee notes that in certain provinces applications for ownership rights and the granting of private ownership have been suspended. The Government indicates that, in June 2012, the Land Administration Authority (ANATI) issued the first two titles of collective ownership of lands to communities in Caña Blanca and Puerto Lara, benefiting over 900 Emberá and Wounaan persons. The Committee requests the Government to provide updated information on the lands adjudicated and the land titles granted in accordance with Act No. 72 of 2008. Please also provide updated information indicating the manner in which the right of ownership, whether collective or individual, is recognized over the lands traditionally occupied by indigenous peoples.

Article 13. Comarca Kuna de Madungandi. Other land disputes. In its previous comments, the Committee referred to situations of land insecurity of the Kuna de Madungandi people. The Government indicates that the corregidor (mediator) for the comarca had 30 rural inhabitants evicted on 9 October 2012 who were occupying land in the area of the Botes and Piragua rivers, after having completed the due procedures and obtained approval, through an appeal filed by those affected. The Government also refers to the land security of the Emberá in Alto Bayano and the inspections undertaken in March 2012. The Committee requests the Government to continue providing information on the action taken for the recognition of the ownership rights of the Kuna de Madungundi people and the Emberá people in Alto Bayano. Please indicate the measures taken to prevent incursions into comarcas and the penalties envisaged in the event of violations.

Chan-75 hydroelectric project. The Committee recalls that in a ruling issued on 28 May 2010, the Inter-American Court of Human Rights rejected the request for provisional measures in relation to the measures to protect four Ngöbe indigenous communities and to suspend the construction works and other activities related to the concession granted to the AES-Changuinola hydroelectric enterprise along the Changuinola river (in the province of Bocas del Toro). Furthermore, the Inter-American Commission on Human Rights lifted the precautionary measures requested in 2009. The Committee of Experts notes that in their observation the IOE and the CONEP include the arguments of the AES Changuinola hydroelectric enterprise and state that it is the Government’s responsibility to resolve some of the issues raised by the indigenous communities. In its report, the Government indicates that it guarantees that the AES Changuinola enterprise will comply with the undertakings made during the dialogue forum with the Ngöbe leadership and indigenous communities. All of the families affected have received payment in accordance with the agreed terms and, in the event of the relocation of communities and the replacement of housing, it was ensured that the selection of lots was made by each family, who were offered various settlement options. The Committee requests the Government to continue providing information so that it can examine the manner in which solutions have been found which recognize the rights of the affected communities over the lands that they traditionally occupy.

Articles 16–18. Vocational training. Handicrafts. The Committee is grateful for the very illustrative information received and requests the Government to continue providing information on the activities of the National Institute of Vocational Training for Human Development (INDEH) and the General Directorate of the Registry of Industrial Property (DIGERPI) in relation to indigenous communities.

Articles 19 and 20. Social security and health. The Committee notes that in 2011 the Department of Indigenous Health Matters was established, strategies developed and the Mesoamérica Health 2015 initiative launched to reduce the inequality in health faced by populations suffering from extreme poverty. The Committee requests the Government to continue providing information on the results achieved in relation to the development of social security and health services for indigenous peoples.

Articles 21–26. Education. The Committee notes with interest the adoption of Act No. 88 of 22 November 2010, which recognizes the languages and alphabets of the indigenous peoples of Panama, and the development of a five-year-plan for bilingual intercultural education. The Government refers to a fall in the drop-out rates in primary, pre-middle and middle schools in indigenous areas over the period 2010–13. The Committee requests the Government to continue providing information on the results achieved by the plans and measures implemented to promote bilingual intercultural education.