Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 2(a), 6 and 16 of the Convention. Improvement of the conditions of life and work; vocational training. The Government indicates in its report that, according to statistics for 2017, the largest number of persons living in multidimensional poverty (facing multiple deprivations in the areas of education, health, and living standards) in the country are in the comarcas (indigenous administrative areas) and the corregimientos (municipalities) with the highest rates of general and extreme poverty are in the Ngöbe-Buglé comarca. The Committee notes that, on the basis of the Government’s strategic plan for 2015–19, the National Institute of Vocational Training for Human Development (INADEH) has provided training in agri-industry, construction and business management in the Emberá, Guna Yala and Ngöbe-Buglé comarcas. The strategic plan includes decentralization of technical training and analysis of training needs in the above-mentioned comarcas with a view to examining their capacities for meeting the demands of the productive sector. The Committee encourages the Government to continue taking measures to reduce the poverty rates in indigenous comarcas, improve the socio-economic conditions of members of indigenous communities, and promote vocational training and employment for them. The Committee requests the Government to provide information on the results achieved.

Article 5. Environmental consultations. In its previous comments, the Committee noted the legislation relating to environmental impact studies and asked the Government to provide information on the procedures which ensure the collaboration of indigenous peoples in the preparation of such studies prior to the commencement of activities in their comarcas. In this regard, the Government indicates that environmental impact studies must include local viewpoints regarding the project through a plan of civic participation. When projects are to be carried out in areas where the rights of indigenous peoples may be affected, Act No. 37 of 2016 establishes the obligation to consult the indigenous peoples through inter-cultural dialogue on the projects, and to provide them with information on the design of the project and its implications with sufficient notice (sections 2 and 9). The Committee requests the Government to provide detailed information on the manner in which indigenous peoples are consulted regarding projects that affect their rights, and on their participation in the preparation of environmental impact studies.

Article 7. Customary laws. Referring to its previous comments, the Committee notes with interest Act No. 16 of 17 June 2016 establishing mechanisms for community justice and peace and issuing provisions regarding community mediation and conciliation. According to section 77 of the Act, in the comarcas and collective lands the traditional forms and procedures through which indigenous peoples apply community justice is recognized, in accordance with indigenous law and the comarca laws and basic charters, provided that they do not contravene or affect international human rights conventions and the National Constitution. Section 79 provides that local governments and the national Government shall guarantee the necessary economic resources to secure the smooth functioning of community justice. The Committee requests the Government to provide information on the implementation of Act No. 16 of 2016, including examples of cases in which community justice has been applied.

Article 12. Removal of populations. Climate change. The Government provides information on the Guna sustainable removal project, whose aim is the sustainable removal of 1,500 persons belonging to the Guna Yala indigenous comarca who live on dry ground on islands affected by climate change. The Government indicates that, despite the imminent need to move, relocation is a controversial issue in many communities on account of the complex set of problems and concerns surrounding population removal. It also indicates that technical studies, participatory planning processes, training and technical advice will be provided in relation to the removal of the communities affected. Taking account of the fact that climate change can constitute a threat to the physical and cultural survival of indigenous peoples in island areas, the Committee encourages the Government to continue taking the necessary measures in relation to the possible negative impact of climate change on the living conditions, culture and institutions of indigenous peoples. The Committee requests the Government to provide information on the measures taken to ensure that persons removed on an exceptional basis are provided with land whose quality is at least equal to that of the land they previously occupied.

Chan-75 hydroelectric project. In its previous comments, the Committee noted the information provided by the Government on the commitments made by the AES-Changuinola enterprise to the Ngöbe indigenous communities affected by the activities of the Chan-75 hydroelectric project. The Government indicates that, in the context of these commitments, leaders of the affected indigenous communities and the AES-Changuinola enterprise held a meeting in May 2018, in the presence of the government authorities, to move forward with regard to the financial settlements which were still awaiting signature. The Committee notes that final compensation agreements were signed by the communities and the enterprise, and that the enterprise has also carried out work to provide infrastructure and public services in the communities. The Committee requests the Government to provide information on the manner in which the compensation agreements for communities affected by the Chan-75 hydroelectric project have been implemented.

Article 11. Lands. In its previous comments, the Committee noted 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. The Government indicates that, in the context of the above-mentioned Act, the National Land Administration Authority has carried out recognition procedures in favour of: the Caña Blanca and Puerto Lara communities of the Wounaan people; the Piriati and Ipeti communities of the Emberá-Bayano people; and the Arimae and Emberá-Puru communities.

In reply to the Committee’s comments requesting information on the actions taken to prevent intrusions on the lands of the Kuna de Madungandi and Emberá de Alto Bayano peoples, the Government indicates that meetings have been held between the parties involved in the land disputes within the Kuna de Madungandi comarca, who have given an undertaking not to take any action in the lands under dispute until there has been initial clarification of the facts of the situation and the rights involved. As regards the territorial security of the Emberá de Alto Bayano people, the Government indicates that inspections were carried out in February 2016. The Committee requests the Government to continue providing up-to-date information on the names and numbers of communities which have benefited from recognition procedures, and also the surface area of lands which have been recognized. The Committee also requests the Government to provide information on the results of the actions taken to resolve the land disputes involving the Kuna de Madungandi and Emberá de Alto Bayano peoples.

Articles 15 and 16. Employment. Indigenous women. The Government indicates that between 2015 and 2017 the Ministry of Labour implemented decent work programmes in which women from communities in the Ngöbe-Buglé comarca participated. It also refers to the “Plan of action for equal opportunities for women 2016–19”, which has a thematic component aimed at the population of indigenous women and in the context of which forums, workshops and programmes are organized to foster the economic autonomy of indigenous women. The Committee observes that exchanges have been held in these contexts on the relevance of strengthening the autonomy and economic empowerment of indigenous women. The Committee notes the setting up of centres to provide care for indigenous women victims of gender-related violence in the Emberá-Wounaan and Ngöbe-Buglé comarcas and notes that the National Council for Women is the entity which provides information, training and documentation for publicizing the content of the Convention. The Committee welcomes the Government’s efforts to promote the economic empowerment of indigenous women and encourages the Government to continue taking the necessary measures in this regard. The Committee also requests the Government to supply information on the measures taken to ensure that indigenous women enjoy the general labour protection established by law, especially as regards vocational training opportunities, admission to skilled employment, and equal remuneration for work of equal value.

Elimination of child labour involving indigenous children. In its previous comments, the Committee asked the Government to provide information on progress made in programmes to prevent and eliminate child labour involving indigenous children. The Committee notes the information provided on ongoing progress in reducing the incidence of child labour, and also the detailed information on action taken to combat child labour involving indigenous children, including the grant of scholarships to young persons in the comarcas, and monitoring, training and awareness-raising for key actors. The Committee also notes that, with the support of the International Labour Organization, studies have been carried out on child labour in sugar cane production and that the “Districts free of child labour” strategy has been implemented. The Government also indicates that the issue of child labour in coffee-producing areas, where there is a high incidence of work done by children and young persons from the Ngöbe-Buglé people, is being addressed through the framework agreement on cooperation between the Ministry of Labour and the Casa Esperanza (“house of hope”) non-governmental organization (NGO). The Committee welcomes the action taken by the Government and requests it to continue providing information in this regard, indicating the manner in which this action has contributed to the elimination of child labour involving indigenous children.

Articles 21–26. Bilingual education. In its previous comments, the Committee noted the adoption of Act No. 88 of 22 November 2010, which recognizes the languages and alphabets of the indigenous peoples of Panama, and asked the Government to provide information on the results achieved by the plans and measures implemented to promote bilingual intercultural education. In this regard, the Government indicates that the National Directorate for Bilingual Intercultural Education is developing a project to institutionalize and implement bilingual intercultural education among the seven indigenous peoples of Panama, with the planned involvement of 117 educational centres, 3,120 pupils and 124 teachers. In 2015–16, texts and handbooks were issued in the mother tongue of children in the comarcas and over 400 teachers were trained in intercultural methodology. The Committee welcomes the Government’s efforts to promote the institutionalization of bilingual intercultural education among indigenous peoples and requests the Government to continue providing information on the results of the measures taken in this respect.