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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, and the Government’s reply to them.

Prospects for the ratification of the most up-to-date instrument: the Indigenous and Tribal Peoples Convention, 1989 (No. 169). In its previous comments, the Committee noted that the Government was analysing the possibility of ratifying Convention No. 169. The Committee notes the Government’s indication in its report that: (1) it has always been very careful when taking decisions on the ratification of ILO instruments and that, before proceeding to the ratification of a Convention, it is first necessary to adopt the necessary measures to harmonize national law and practice with its provisions; (2) the existence of significant incompatibilities has been noted between Convention No. 169, the Constitutional provisions and the national legislation and accordingly the Government has considered it prudent for now not to ratify the Convention; and (3) the Government evaluated the possibility of ratifying Convention No. 169 at the appropriate time, but in view of the above, the scope and responsibilities deriving from the Convention, was cautious in taking a definitive decision in this respect. The Committee notes the indication by CONUSI that the subject of the ratification of Convention No. 169 cannot be put off any longer and that the Tripartite Social Dialogue Commission established in 2012 had accepted the decision to address the approval of the Convention. On this point, the Government indicates that, at that time, the Ministry of Labour and Labour Development did not agree with the ratification of Convention No. 169, tried to deal with the situation in a positive manner while expressing its reservations in relation to the ratification of that Convention for the above-mentioned reasons. While noting all the above information, the Committee trusts that, giving effect to the decision of the ILO Governing Body (328th Session, October-November 2016, GB.328/LILS/2/1), the Government will continue to consider the possibility of ratifying Convention No. 169, considered by the Governing Body to be the most up-to-date instrument on the subject. The Committee recalls the importance of tripartite dialogue as well as dialogue with indigenous peoples on this subject. Finally, the Committee recalls that the Government can have recourse to ILO technical assistance, including with a view to collaborating in seeking measures that could be adopted to overcome the incompatibilities referred to above.

Articles 2(2)(b) and 6 of the Convention. Improvement of living conditions. In its previous comments, the Committee noted that the highest percentage of people living in multidimensional poverty is in indigenous comarcas and encouraged the Government to continue taking measures to improve the living conditions of the peoples covered by the Convention. The Committee notes the extensive statistical data provided by the Government on the socio-economic situation of indigenous peoples. According to the Report on Poverty and Indigence by Income (2019), 55.8 per cent of persons in the Guna Yala comarca and 66.9 per cent of those in the Ngäbe Buglé comarca were living in extreme poverty in 2019. According to the gender-focussed Social Progress Index for Panama (2019), the percentage of indigenous persons aged 18 years and over who had not completed secondary education or had not completed any educational level in 2019 was 80.77 per cent. The Committee notes the Government’s indication that the multidimensional poverty suffered by indigenous peoples has been considered in the Government’s Strategic Plan for the period 2019-24 and that, on this basis, priority measures and action have been identified, including: the strengthening of the Department of Indigenous Affairs; consultation and agreement on plans at the level of regions and comarcas with a view to improving the living and health conditions of indigenous peoples; programmes of micro-credit and the promotion of sustainable agriculture and agricultural tourism; the improvement of communication routes in comarcas and literacy programmes. The Committee also notes the information on the collaboration between the Government and the private sector to promote entrepreneurship in indigenous communities, for example through the Colmena Plan which, through investment in sustainable projects, is seeking to reduce the conditions of social and economic vulnerability of the 300 poorest districts in the country. The Committee welcomes the availability of updated statistics on the situation of indigenous peoples, which are an essential tool for the effective definition and orientation of policies for indigenous peoples, and encourages the Government to continue its efforts to improve the socio-economic conditions of people living in indigenous comarcas. In this regard, the Committee requests the Government to provide information on the progress made in the various actions envisaged to improve the socio-economic situation of persons living in indigenous comarcas, and in particular the Ngäbe Buglé comarca.

Article 5. Environmental consultations. In its previous comments, the Committee noted the General Act on the Environment (Act No. 41) of 1998, which provides that studies for the exploration, exploitation and use of the natural resources that are authorized in lands occupied by indigenous comarcas or peoples shall not be detrimental to the cultural, social and economic integrity and spiritual values of these peoples (section 95); and that where projects are developed in the territories of indigenous communities, consultation processes shall be held with a view to reaching agreements with the representatives of such communities and obtaining compensatory benefits (section 98). It also noted Act No. 37 of 2016, which establishes the requirement to consult indigenous peoples on measures which may affect their collective rights, including development projects. In this regard, the Committee requested the Government to provide information on the manner in which such consultations are held, and on the manner in which indigenous peoples participate in the preparation of environmental impact studies for projects that may affect their rights.

The Committee notes that the Government refers to Executive Decree No. 123 of 14 August 2009 which, in section 12, requires promotors of activities, works and/or projects to guarantee the participation of civil society, including indigenous peoples, in the process of the preparation and evaluation of the environmental impact study for their project, work or activity. The Government also refers to Act No. 11 of March 2012 establishing a special system for the protection of mineral, hydrological and environmental resources in the Ngäbe Buglé comarca (the largest comarca in the territory), section 6 of which provides that hydro-electric projects that are to be located wholly or partially within that territory shall obtain the approval of the respective congresses (general, regional or local) and shall then be submitted to a referendum in the respective comarca, region or local area. The Government specifies that the Ministry of the Environment makes it compulsory for promotors of activities, works or projects for which it is required to submit the environmental impact study which are located in indigenous lands, to present the authorization issued by the highest traditional authority in that territory. The Committee also notes the Government’s indication that consultations have been held with the traditional authorities of the 12 indigenous peoples of Panama which have resulted in various agreed decisions, including a decision in support of the strengthening of the legal framework for the regulation of Act No. 37 of 2016. The Committee notes the various legislative provisions which envisage the participation of indigenous peoples in relation to projects that may affect their collective rights and requests the Government to continue providing information on the application in practice of these provisions, and particularly section 12 of Executive Decree No. 123 of 14 August 2009 and section 6 of Act No. 11 of March 2012. The Committee also requests the Government to continue providing examples of the consultations held with indigenous peoples within the framework of Act No. 37 of 2016 and on the agreements reached, as well as information on progress in issuing regulations under Act No. 37 of 2016.

Article 11. Disputes concerning lands. For several years, the Committee has been noting the allegations of intrusions into the collective lands of the Kuna de Madungandí and Emberá de Alto Bayano peoples, as well as the action taken by the Government to bring together the parties involved in the land disputes with a view to finding a solution, and it has requested the Government to provide information on the outcome of these actions. The Committee notes that the Department of Indigenous Affairs has been following up the process of resolving land disputes between rural workers and members of the Kuna de Madungandí comarca. It also notes the creation of a high-level commission which decided to undertake inspections in the areas of Tortí Medio and Tortí Abajo. The findings of the inspection show that there are 31 informal dwellings in the Kuna collective territory which, according to the Government, will be removed. With regard to the territory of the Emberá de Alto Bayano community, CONUSI indicates that the process of the delivery of title to the collective lands of Alto Bayano to the Piriatí Emberá community is still pending. In this regard, the Committee notes the Government’s indication that there is a property in the name of an individual in the Piriatí Emberá community, which has to be annulled in order to proceed with the public registration of the collective ownership to the lands of the Alto Bayano. The Committee takes due note that the Government has held meetings with the National Lands Authority and the National Geographical Institute with a view to developing a methodology for the use of technological means to verify the borders of comarcas and indigenous lands that are subject to dispute as a means of resolving disputes concerning lands. The Committee encourages the Government to continue its efforts to find a solution without delay to the disputes concerning lands involving the Kuna de Madungandí and Emberá de Alto Bayano peoples and requests it to provide information on any progress achieved in this regard.

Article 12. Removal of populations. Climate change. In its previous comment, the Committee noted that the Government was envisaging the sustainable removal of 1,500 persons belonging to the Guna Yala comarca in the San Blas archipelago, who are faced with rising sea levels as a result of climate change. The Committee notes the Government’s indication that, in the context of its third national communication of 2018 under the United Nations Framework Convention on Climate Change, a climate vulnerability study was undertaken in the Guna Yala comarca, which raised the issue of the relocation of those populations as an adaptation measure. The Committee notes that, according to the CONUSI, there is no information on the implementation of the sustainable removals, nor on the measures adopted to ensure that the communities to be removed benefit from lands that are at least equal to those that they previously occupied. The Committee also notes Executive Decree No. 125 of 2 March 2021, which establishes an Indigenous Peoples Environment Office. It notes with interest that the objective of this Office is to advise on compliance with the plans and projects established in environmental policies, in coordination with the Department of Indigenous Affairs and the traditional authorities of indigenous peoples, and that it has facilities to provide advice on the measures to be taken so that indigenous peoples who have to be removed in exceptional circumstances can obtain lands of equal or better quality. The Committee, taking into account the situation of vulnerability of the inhabitants of the Guna Yala comarca, whose lands are threatened by the imminent rise in sea levels, encourages the Government to take the appropriate measures to protect the physical safety of these inhabitants. In this regard, the Committee requests the Government to provide information on the measures adopted with a view to ensuring that the communities that have to be removed can be relocated on lands of quality at least equal to those that they previously occupied and which enable them to provide for their needs, with an indication of the number of members of the Guna Yala comarca who have been removed. Finally, the Committee requests the Government to provide information on the activities undertaken by the Indigenous Peoples Environment Office and the manner in which coordination with the Department of Indigenous Affairs and with the traditional authorities of indigenous peoples is ensured in this regard.

Article 15. Recruitment and conditions of employment. In its previous comments, the Committee encouraged the Government to take measures to promote decent work for the peoples covered by the Convention, and particularly indigenous women. In this regard, the Committee notes the detailed information on the various measures adopted by the Ministry of Labour and Employment Development, together with the National Institute for Women and the Vocational Training and Human Skills Development Institute to promote the labour market integration and entrepreneurship of indigenous women of the Ngäbe Buglé and Emberá Wounaan communities. The Committee also notes the reference by the CONUSI to the second report on the labour situation in Panama in 2019, according to which the hourly wages of indigenous dependent workers in Panama are 47 per cent lower than those of non-indigenous dependent workers. The CONUSI adds that, according to the labour market survey (2019), the informality and precarious work indices in 2019 were higher than 80 per cent in the Kuna Yala, Emberá and Ngäbe Buglé comarcas. The Committee welcomes the measures adopted by the Government to promote the labour market integration of indigenous women and invites it to continue providing information on this subject, as well as on the impact of the measures. The Committee also requests the Government to provide information on the measures adopted with a view to resolving the wage gap between indigenous workers and other workers, and to preventing any type of discrimination in employment. Finally, the Committee requests the Government to provide updated statistics on the labour situation of indigenous peoples, where possible disaggregated by gender.

Article 20. Health. The Committee notes that the National Council for the Comprehensive Development of Indigenous Peoples (CNDIPI) adopted Decision No. 1 of 5 June 2020 to include the approval of the Plan of Action for the Prevention and Control of COVID-19 in indigenous comarcas and collective lands among the activities implemented within the framework of the PDIPIP. In accordance with this Decision, traditional medicine has to be recognized when purchasing medical equipment and supplies to prevent and control COVID-19. It also provides that the Ministry of Health shall create an office within its regional services to cover indigenous territories and coordinate with the Department of Indigenous Affairs and the traditional authorities to monitor levels of infection in indigenous territories. The Committee welcomes the adoption of measures to prevent and control the spread of COVID-19 which recognize the value of indigenous traditional medicine and it encourages the Government to provide information on the manner in which the Ministry of Health, the Department of Indigenous Affairs and the traditional authorities undertake coordinated action to strengthen the health systems in indigenous communities.

Articles 21 to 26. Education. In its previous comments, the Committee welcomed the measures taken by the Government to promote intercultural bilingual education. The Committee notes the Government’s indication that, through the National Directorate for Intercultural Bilingual Education, educational programmes and materials have been developed focussing on indigenous identity and translated into the languages of the communities. Teachers have also been trained who are being sent to work in indigenous communities. The Committee also notes the measures taken to prevent and eradicate child labour, which include the provision of education grants and food services. In 2019 and 2020, there were 793 beneficiaries of these measures in the Kuna Yala, Emberá and Ngäbe Buglé indigenous comarcas. The Committee encourages the Government to continue its efforts with a view to ensuring that indigenous peoples have the opportunity to acquire education on an equal footing with the rest of society. In this regard, the Committee requests the Government to provide updated data on the school enrolment and completion rates of boys, girls and young persons belonging to indigenous comarcas.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021, as well as the Government’s reply to them.

Articles 2 and 5(b) of the Convention. Coordinated and systematic programmes. Participation of indigenous peoples. In its previous comments, the Committee noted the adoption of the Plan for the Comprehensive Development of the Indigenous Peoples of Panama (PDIPIP), formulated with the participation of the representatives of the various indigenous peoples of the country, as well as the support project for the implementation of the PDIPIP. In this regard, the Committee requested the Government to provide information on the results achieved through its implementation. The Committee also noted the establishment of the National Council for the Comprehensive Development of Indigenous Peoples (CNDIPI) as an advisory body on public policies targeting indigenous peoples.

The Committee notes the Government’s indication in its report that the PDIPIP seeks in the short term to respond to the urgent needs in terms of infrastructure and installations given priority by indigenous communities in the fields of health, education, water and sanitation. In the medium term, the Plan will contribute to the design and implementation of programmes to improve the quality and cultural relevance of these services, and in the long term to transforming the capacity of the Government and indigenous authorities to plan and invest in their territories. The execution of the PDIPIP is under the responsibility of several Ministries, which shall have the authorization of the traditional authorities and have to work in coordination with them. Five of the seven indigenous peoples in the country have defined their own plans of action through consultations involving indigenous women. The Committee takes due note of the activities and results achieved within the framework of the support project for the implementation of the PDIPIP between 2018 and 2020, and the information on the active participation of indigenous peoples in its execution and evaluation. It also notes the establishment of the Multisectoral Technical Working Group in the Department of Indigenous Affairs, which brings together the indigenous territories and comarcas in Panama and is called upon to examine broad themes such as the PDIPIP, governance in indigenous territories and other subjects of interest to indigenous populations.

The Committee also notes with interest Bill No. 316 of March 2020 establishing measures for the comprehensive development of the indigenous peoples of Panama which, according to the Government, has already been examined and received the support of the CNDIPI. In accordance with section 2 of the Bill, the Ministry of Economy and Finance shall incorporate and classify as compulsory the policies and objectives of the Government’s strategic plan for indigenous peoples and establish plans for indigenous development together with the Department of Indigenous Affairs and the CNDIPI. Section 4 of the Bill also provides that the participation of indigenous peoples shall be promoted in the formulation, design, application and evaluation of development programmes that concern them.

The Committee welcomes the measures taken by the Government for the implementation of the PDIPIP and requests it to continue providing information on the progress achieved in its various policy areas and on the number of communities that have benefited. The Committee also encourages the Government to continue promoting the participation of indigenous peoples, including, as indicated by the Government, indigenous women, in the formulation, implementation and evaluation of the development plans that concern them. In this regard, the Committee requests the Government to provide information on the manner in which indigenous peoples collaborate with the Multisectoral Technical Working Group of the Department of Indigenous Affairs. Finally, the Committee requests the Government to provide information on the progress achieved in the adoption of Bill No. 316 of March 2020 establishing measures for the comprehensive development of the indigenous peoples of Panama.

Article 11. Lands. Adjudication processes. In its previous comments, the Committee welcomed the adoption of Act No. 72 of 23 December 2008 establishing the special procedure for the adjudication of the collective ownership of lands by indigenous peoples which are not within comarcas, and it requested the Government to provide updated information on the collective lands adjudicated under the terms of the Act. The Committee notes the observation by the CONUSI that the Government has not made available updated information on the number of communities that have benefited from adjudication processes, and that the Bri Bri indigenous community requested the adjudication of its ancestral lands before the National Land Administration Authority (ANATI) in 2015, but that its claims were denied. The Committee recalls that in previous comments it noted that the Government had established dialogue forums to address the issue of the recognition of the collective territory of the Bri Bri people.

The Committee also notes the reference by the Government to the adoption of Decision No. DM-0612-2019 of 29 November 2019 of the Ministry of the Environment establishing the legal criterion to be applied by the Ministry of the Environment to determine the feasibility of approving the claims made by indigenous communities for the adjudication of collective lands, the boundaries of which coincide partially or totally with protected areas or State forest lands. In accordance with the Decision, requests for adjudication submitted by indigenous peoples shall be approved on condition that, on the basis of a technical report issued by the Department of Indigenous Affairs, the traditional occupation commenced prior to the creation of the respective protected areas or, in the case of State forest lands, that the occupation commenced prior to the entry into force of Act No. 1 of 1994 respecting forest law. The Decision also provides that, in the event of the existence of recognized collective lands of indigenous peoples, the boundaries of which coincide partially or totally with protected areas or State forest lands, the communities concerned shall submit a plan for the sustainable use of the natural resources and the community development of such areas for approval by the Ministry of the Environment.

The Committee requests the Government to take the necessary measures to address as soon as possible the claim for the recognition of the collective ownership by the Bri Bri indigenous community of the lands that they traditionally occupy and encourages it to continue dialogue with that community to seek a solution. The Committee also once again requests the Government to provide updated information on the number of requests for the adjudication of collective lands which have been approved under Act No. 72 of 2008, including the number of beneficiary communities as well as the number of requests that have been rejected along with the reasons for such rejection and the number of requests still under consideration. Finally, the Committee requests the Government to provide examples of plans for the sustainable use of natural resources submitted by indigenous communities under the terms of Decision No. DM-0612-2019 of 29 November 2019 of the Ministry of the Environment.

The Committee is also raising other matters in a request addressed directly to the Government.

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

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.

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

Prospects for ratification of the most up-to-date instrument: Indigenous and Tribal Peoples Convention, 1989 (No. 169). In its previous comments, the Committee noted the agreement signed by the Government and indigenous leaders relating to the ratification of Convention No. 169, and asked the Government to continue providing information on the next steps for carrying out this ratification. The Government indicates in its report that it has held meetings with representatives of five comarcas (indigenous administrative areas) and two indigenous peoples pursuant to the Government’s commitment to revise the Convention. It points out that although Convention No. 169 has not yet been ratified by Panama, the national legislation relating to recognition of the rights of indigenous peoples is well advanced and significant progress is being made in the regulation of standards aimed at protecting the rights established therein. In this regard, the Committee notes with interest the adoption on 2 August 2016 of Act No. 37 providing for the consultation of indigenous peoples and obtaining their free and informed prior consent. This Act imposes the obligation on the Government to consult indigenous peoples whenever legislative and administrative measures are planned that directly affect their collective rights, physical existence, cultural identity, quality of life or development, including plans, programmes and projects for development at the national, regional and comarca level which directly affect these rights. At the institutional level, the Committee also duly notes the establishment in 2017 of the National Round Table for Indigenous Peoples, and the creation by Decree No. 203 of 27 July 2018 of the National Council for the Comprehensive Development of Indigenous Peoples, an advisory body comprising the Ministry of the Interior, representatives of indigenous peoples and a representative of indigenous women. It notes that the purpose of these mechanisms is to facilitate the participation of representatives of indigenous peoples in the formulation and implementation of public policies which concern them and affect their development. The Committee welcomes the Government’s efforts to establish a legal and institutional framework in accordance with the objectives of Convention No. 169. The Committee recalls that the Governing Body, at its 328th Session (October–November 2016), requested the Office to commence follow-up with the member States currently bound by Convention No. 107 with a view to: (i) encouraging them to ratify Convention No. 169, as the most up-to-date instrument in this subject area, which would result in the automatic denunciation of Convention No. 107; and (ii) collecting information from those member States with the aim of better understanding the reasons for their non-ratification of Convention No. 169 (see GB.328/LILS/2/1(Rev.)). The Committee therefore encourages the Government to consider the decision adopted by the Governing Body at its 328th Session and, following up on the above-mentioned initiatives, to examine the possibility of ratifying Convention No. 169.

Articles 2 and 5(b) of the Convention. Development of coordinated and systematic programmes . “Plan for the comprehensive development of the indigenous peoples of Panama (PDIPIP)”. In its previous comments, the Committee noted the agreement signed by the Government and indigenous leaders concerning the implementation of the “Plan for the comprehensive development of the indigenous peoples of Panama (PDIPIP)” and asked the Government to continue providing information on the implementation of coordinated and systematic programmes, with the participation of the indigenous peoples concerned. The Government explains that the background to the PDIPIP follows agreements concluded with the authorities of the indigenous peoples to resolve the dispute that existed between the Government and the Ngöbe-Buglé people and that it was drawn up with the participation of the 12 representative structures of the indigenous peoples of the country. The PDIPIP has three main components – political/judicial, economic and social – and is defined by the Government as a long-term process requiring constant review and evaluation. The Government indicates that it entered into a loan agreement with the World Bank in May 2018 in order to support the implementation of the PDIPIP and in turn strengthen its own capacity and that of the indigenous authorities in that process. In this regard, the document containing the socio-cultural evaluation for the PDIPIP implementation support project, published by the World Bank and the Ministry of the Interior on 17 January 2018, states that, as a result of participatory processes with the indigenous peoples, potential social risks and impacts have been identified, together with measures to avoid and alleviate them. The Committee notes that, by Executive Decree No. 202 of 27 July 2018, a steering committee was established for the project entitled “Comprehensive development plan for the indigenous peoples of Panama”, comprising ministerial and indigenous peoples representatives, as the high-level political decision-making and coordinating body to ensure the smooth implementation of the development plan. The Committee hopes that the Government will continue to make every effort and take the necessary measures to ensure the effective implementation of the three components of the “Comprehensive development plan for the indigenous peoples”, and requests it to provide information on the results achieved. The Committee also requests the Government to indicate whether the PDIPIP has been revised or evaluated in conjunction with the indigenous peoples concerned. The Committee further requests the Government to indicate in what manner the National Round Table for Indigenous Peoples collaborates in the formulation and implementation of development policies intended for indigenous peoples.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. The Committee hopes that a report will be sent for examination at its next meeting and that this report will contain detailed information on the points raised in its comments in 2011, which read as follows:

Repetition

Chan 75 hydroelectric project. The Committee notes that, according to the observations on the situation of the Charco la Pava community presented to the Human Rights Council by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (A/HRC/12/34/Add.5, 7 September 2009), in January 2008, construction work began on the Chan 75 hydroelectric dam in the district of Changuinola (Bocas del Toro). It noted that this project would entail the flooding of the lands of various communities of the Ngöbe indigenous people, including Charco la Pava, Valle del Rey, Guayabal and Changuinola Arriba, with a population of approximately 1,000 persons, and that another 4,000 indigenous persons would also be affected. It also notes that, according to the Special Rapporteur (ibid.), the start of the construction work was accompanied by protests by members of the communities and these protests were suppressed by the national police. It further notes the allegations in the report concerning the permanent presence of officers of the national police who have been assigned the task of ensuring the further progress of the work.

The Committee understands that the communities affected were not consulted in relation to the decision to implement the hydroelectric project. The Committee also notes that the current situation arose from the failure to recognize the rights of the abovementioned indigenous communities relating to their traditional lands and the consequent consideration of those lands as state land. The Committee further notes the precautionary measures adopted by the Inter-American Commission on Human Rights in June 2009, requesting the State of Panama to suspend the construction work in order to avoid irreparable damage to the ownership rights of the Ngöbe indigenous people.

The Committee notes the information supplied by the Government to the effect that on 10 August 2009 a high-level round table was established to conduct a dialogue on the issues affecting the indigenous communities as a consequence of the construction of the Chan 75 hydroelectric dam. The Committee notes that the round table comprised the Deputy Minister for Governance and Justice, the Minister for External Relations, the Minister for Social Development, the Administrator-General of the National Environment Authority, the Governor of Bocas del Toro province, the mayor of the district of Changuinola, the National Assembly deputy for the area, two representatives of each of the communities affected by the project with their legal adviser, and two representatives of the company responsible for the project (AES) with their legal adviser.

The Committee recalls that, under the terms of Article 11 of the Convention, governments have the obligation to recognize the right of ownership of indigenous populations over the lands traditionally occupied by them. The Committee also wishes to emphasize that consideration must be given, in defining the rights of these populations, to their customary laws in accordance with Article 7. Furthermore, the Committee draws the Government’s attention to Article 5, which states that, in applying the provisions of the Convention, governments must seek the collaboration of the indigenous populations and their representatives with regard to the formulation and implementation of the relevant measures.

The Committee notes that in his statement of 25 November 2009, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people expressed his “extreme concern about the forced eviction and the destruction of their housing suffered on 20 November 2009 by the Naso communities of San San and San San Druy, in Changuinola, Bocas del Toro province”. According to the statement, “about 150 riot policemen evacuated with tear-gas bombs more than 200 indigenous Naso living in the communities of San San and San San Druy. After they were taken out of the area, employees of the Ganadera Bocas company entered the area with machinery and proceeded to demolish indigenous people houses” (UN Press Release, 25 November 2009).

The Committee expresses its serious concern in the face of these events and recalls that, according to the principle set out in Article 12 of the Convention, the groups affected cannot be removed from their territories without their free consent, subject to certain specific exceptions.

The Committee urges the Government to take all necessary steps, in collaboration with the representatives of the indigenous communities affected by the Chan 75 project, to recognize the rights of these communities over the lands traditionally occupied by them. It urges the Government to seek agreed solutions between all the parties concerned to remedy the current situation and provide information on all progress achieved in this respect, including information on any agreements reached by the abovementioned round table for dialogue. The Committee asks the Government to ensure that measures are adopted to protect the institutions, persons, property and labour of the communities affected until a solution of the issue is reached.

Land rights. The Committee notes draft Act No. 411 of 2008, which establishes a special procedure for awarding collective ownership of lands of indigenous peoples and prescribes other provisions. It notes that this draft Act is before the Committee for Indigenous Affairs of the National Assembly of Deputies. The Committee understands that the draft Act will encompass draft Act No. 17 concerning the rights of the Emberá and Wounaan peoples and will enable examination of the issue of the recognition of the Bri-bri territory and the creation of the comarca (indigenous region) of Pueblo Naso. The Committee requests the Government to send a copy of draft Act No. 411 of 2008 and indicate to what extent the indigenous peoples were consulted with regard to the preparation of this legislative text. The Committee also requests the Government to supply information on any progress made with regard to the adoption of the draft Act.

The Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee notes the Government’s indication to the effect that it has examined the possibility of ratifying Convention No. 169, although no major progress has been achieved owing to the complexity of the matters covered by the Convention and the discrepancies which exist in relation to national law and practice. The Committee recalls that, in its general observation of 1992 on the Convention, it emphasized the fact that Convention No. 169 is more oriented than Convention No. 107 towards respect for and protection of the cultures, ways of life and traditional institutions of indigenous and tribal peoples. It therefore encouraged governments which had ratified Convention No. 107 to give serious consideration to ratifying Convention No. 169. The Committee hopes that the Government will continue to consider ratifying Convention No. 169 and encourages it to seek technical assistance from the Office in order to address any difficulties which might arise in connection with ratification. It requests the Government to provide information on any progress made on this matter.

Socio-economic situation of indigenous peoples. The Committee notes that, according to the fourth National Report on the Situation of Women in Panama (2002–07), in indigenous areas, 98.5 per cent of the population lives in poverty and 89.7 per cent lives in extreme poverty. The Committee notes with interest the numerous programmes implemented by the Government in the areas of health, education, vocational training and support for indigenous enterprise development with a view to eliminating extreme poverty and improving the social, economic and cultural situation of the indigenous peoples. The Committee requests the Government to supply information on the implementation of these programmes and their impact, also indicating the manner in which the participation of indigenous peoples and their representatives in the formulation and implementation of programmes is ensured.

Article 2 of the Convention. Development of coordinated programmes. The Committee notes the extensive information supplied by the Government regarding the numerous programmes undertaken in the areas of health, education, vocational training and support for indigenous business development with a view to improving the social, economic and cultural situation of indigenous peoples. The Committee notes in particular that, according to the progress report on the “Network of Opportunities” programme, the population of the indigenous areas has received 48.3 per cent of investment since the start of the programme. The Committee notes that this programme includes plans to give monetary support to women heads of household in connection with the use of health and education services, strengthening the provision of such services and building infrastructure, such as aqueducts, sanitary installations, access paths and roads in areas affected by extreme poverty. It also notes that Programme PN-T1032 supporting indigenous business development (PRODEI) benefited eight indigenous enterprises which were identified and given priority by the indigenous communities and their traditional authorities by means of various consultation processes and a validation workshop. The Committee requests the Government to continue to supply information on the programmes aimed at improving the social and economic situation of the indigenous peoples and the impact thereof, including information on the steps taken to consult the indigenous peoples concerned. The Committee also requests the Government to supply information on the evaluation of the activities of the National Council for Indigenous Development (CNDI).

With regard to its previous request concerning the “Project for the sustainable development of the Ngöbe-Buglé comarca (indigenous region) and adjacent poor rural areas”, the Committee notes that the project has a steering committee (CDP) composed of four representatives of the comarca and four state representatives, which meets 12 times per year to decide on future actions. It also notes that these actions are implemented by the project management unit (UGP), which conducts meetings with the indigenous leadership (caciques and congress executive committees) for information, coordination and planning. It notes in particular that the project has a “human and social resources development component” (CODERHS) with which it has funded scholarships for 1,327 students at primary, pre-intermediate, intermediate and university levels. It also notes that the project comprises the National programme for school nutrition and the Programme for sexual and reproductive health, in the context of which doctors in the comarca are informed of indigenous customs and traditions. The Committee requests the Government to continue to supply information on the implementation of the “Project for the sustainable development of the Ngöbe-Buglé comarca and adjacent poor rural areas” and the impact thereof on the socio-economic and cultural situation of the peoples concerned. The Committee also requests the Government to supply information on the measures taken in the context of the “Strategic plan for the development of the Ngöbe-Buglé comarca” and on the manner in which the indigenous peoples concerned participated in the formulation of this plan.

The Committee notes the indication in the Government’s report that the Social Investment Fund (FIS) carries out activities to support indigenous communities in the comarcas of Emberá, Kuna-Yala and Ngöbe-Buglé. The Committee requests the Government to supply information on the activities carries out by the FIS in the abovementioned comarcas. It also requests the Government to indicate the extent to which the collaboration of the indigenous peoples concerned is sought in the design of such activities, and opportunities are offered to them for the full development of their initiatives, in accordance with Article 5 of the Convention.

With reference to its previous comments concerning the existence of a legal void in the enforcement of the legal provisions acknowledging the right of the Emberá-Wounaan comarca to have its own budget, the Committee notes the Government’s indication that the legislation does not make provision for a competent authority responsible for the administration of the annual budget. The Committee requests the Government to clarify the manner in which the comarca is able to administer its annual budget in practice.

In view of the lack of information concerning the National indigenous development plan, the Committee requests the Government to provide information regarding progress made on the establishment of the plan, including the steps taken to provide the indigenous communities with the necessary technical assistance.

Article 5. Consultation. The Committee notes the information supplied by the Government concerning the provisions of the General Environment Act of 1988, which provides for the setting-up of environmental advisory committees at the provincial, comarca and district levels. The Committee requests the Government to supply information on the activities of the committees and the extent to which the committees enable the various indigenous communities to participate in the planning of their development.

Noting that the Government’s report does not contain any information on the other matters raised by the Committee with regard to consultation, the Committee again requests the Government to supply information on the following:

• (i) the measures adopted or contemplated to prevent the differences between regional legislation giving rise to imbalances in the rights and development of the various communities;
• (ii) the manner in which it is ensured that preliminary environmental impact studies are carried out with respect to any exploration or exploitation in indigenous areas in comarcas other than those of Kuna de Madungandí and Emberá Darién;
• (iii) with regard to Act No. 15 of 7 February 2001, the measures taken to enable consultations to be held with the communities concerned in cases of exploitation even where the area in question is not entirely located within the same comarca; and
• (iv) any progress made on the Tabasará II case concerning the construction of two hydroelectric dams across the River Tabasará.

Article 6. Conditions of life and work. In its previous comments, the Committee noted with concern the deplorable conditions of life and work of Ngöbe and Buglé boys and girls who work in sugarcane and coffee plantations in the provinces of Coclé and Veraguas. The Committee notes the information supplied by the Government on the measures adopted jointly by the Ministry of Labour and Labour Development (MITRADEL) and the Ministry of Social Development in the context of the Technical Committee for the Elimination of Child Labour and Protection of Young Workers (CETIPPAT). The Committee requests the Government to continue to supply information on the activities of the CETIPPAT and to indicate their impact with regard to improving the conditions of life and work of the peoples concerned.

The Committee notes the cooperation established between the authorities of Panama and Costa Rica with a view to eliminating child labour affecting emigrant indigenous boys and girls. It also notes with interest the agreement of 14 May 2009 between Panama and Costa Rica on the management of migration flows for the purposes of employment between Costa Rica and Panama for Ngöbe-Buglé indigenous workers and their families. It further notes that section 57 of Legislative Decree No. 3 of 2008, establishing the national migration service, its career structures and other provisions, provides that the State has the obligation to preserve and facilitate the “innocent passage” of Panamanian indigenous peoples to and from Panamanian jurisdiction and also to protect them from threats arising from illegal activities, such as the trafficking of persons, trafficking of drugs, terrorism and trafficking of weapons. The Committee requests the Government to supply information on the application of the abovementioned instruments.

The Committee refers to its previous comments concerning the difficulties faced by indigenous peoples with regard to obtaining credit. The Committee again requests the Government to supply information on the measures taken or contemplated to facilitate the granting of credit to members of these peoples.

Articles 7 and 8. Customary laws and methods of control. The Committee requests the Government to send copies of any court decisions which take into consideration the application of customary laws or methods of social control practised by indigenous communities.

Articles 11 to 14. Land rights. With reference to its previous comments concerning the dispute between indigenous communities and settlers who were systematically invading their lands, the Committee notes that the High-Level Commission was set up to tackle the problem by means of Executive Decree No. 287 of 11 July 2008. It also notes that Executive Decree No. 247 of 4 June 2008 authorizes the appointment of the corregidor comarcal (government-appointed mediator) for the comarca of Kuna de Madungandí to resolve the disputes which have arisen in the comarca. It also notes that the National Directorate for Agrarian Reform of the Ministry of Agricultural Development (MIDA) is handling a number of cases of agrarian disputes which are in the process of being resolved. The Committee requests the Government to supply detailed information on the initiatives launched by the High-Level Commission to resolve the disputes between indigenous communities and settlers. It also requests the Government to supply information on the cases handled by the corregidor comarcal of the comarca of Kuna de Madungandí, on the cases handled by the MIDA and on any decisions reached.

The Committee notes from the Government’s report that, in the context of the National Land Administration Programme (PRONAT), forums for dialogue were set up in the Bri-bri, Naso, Ngöbe and Kuna territories to settle disputes between indigenous and adjoining lands. It also notes that action was taken with a view to delimiting the Naso and Bri-bri indigenous territory and a preliminary draft Act was drawn up with regard to the creation of the comarca of Naso Tjerdi. The Committee requests the Government to continue to supply information regarding PRONAT and its impact on strengthening the rights of indigenous communities over their traditional lands. Noting that the Government’s report does not contain any information on the other matters raised by the Committee with regard to land rights, the Committee requests the Government to supply detailed information in its next report in relation to points 22, 23, 24, 26 and 27 of its previous direct request.

Articles 16 and 17. Vocational training. The Committee notes the information contained in the report of the National Institute of Vocational Training for Human Development (INADEH) concerning training programmes for indigenous communities. The Committee notes with interest that INADEH has in some cases borne the costs of food and transport for indigenous participants in order to ensure their participation in the training programmes. It also notes the intention to formalize the presence of INADEH in the comarca of Ngöbe-Buglé. The Committee requests the Government to continue to supply information on the application of Articles 16 and 17 of the Convention.

Article 18. Handicrafts and rural industries. The Committee notes the detailed information supplied by the Government regarding the special intellectual property regime relating to the collective rights of indigenous peoples. The Committee requests the Government to continue to supply information on the awareness-raising and dissemination activities undertaken by the General Office of the Registry of Industrial Property (DIGERPI). It also requests the Government to supply information on the implementation of the relevant parts of the Project for the development and promotion of intellectual property.

Articles 19 and 20. Social security and health. The Committee notes the Government’s indication that notifications were sent to indigenous institutions and congresses regarding the formation and establishment of the National Commission for Indigenous Traditional Medicine and the Technical Secretariat for Indigenous Traditional Medicine, but without any result. The Committee requests the Government to take the necessary measures, including dissemination and awareness raising, to address the obstacles to the formation and establishment of the abovementioned bodies.

With reference to its previous comments concerning the difficulties faced by indigenous communities in gaining access to health services, the Committee notes the various programmes for strengthening the provision of health services in indigenous areas. It notes in particular that the Health plan for the indigenous peoples of Panama envisages the restructuring of the network for the provision of health services so as to convert health posts and sub-centres, which offer a primary level of health care, into health centres with doctors, nurses and adequate supplies and equipment. The Committee requests the Government to supply information on the implementation of the abovementioned plan and to continue to supply information on the measures taken as part of the other programmes mentioned in its report and the impact thereof.

Articles 21 to 24. Education. The Committee notes with interest Executive Decree No. 274 of 31 August 2007 establishing the National Directorate for Bilingual Intercultural Education, which, according to section 2, has the objective of ensuring the effective participation of indigenous peoples in the process for institutionalizing bilingual intercultural education and has the mandate to create mechanisms through which this participation can take place. It also notes the National plan for bilingual intercultural education and the Plan for the indigenous peoples of Panama, funded by the World Bank and drawn up, according to the Government’s report, on the basis of recommendations and agreements resulting from consultations with representatives of the peoples concerned. The Committee requests the Government to provide information on the establishment of mechanisms for the participation of indigenous peoples in accordance with sections 2 and 3 of Executive Decree No. 274. It also requests the Government to supply information on the implementation of the National plan for bilingual intercultural education and the Plan for the indigenous peoples of Panama, including information on the extent to which indigenous peoples are consulted with regard to devising appropriate curricula and teaching materials. The Committee also requests the Government to continue to supply information on the programmes implemented to ensure that members of indigenous communities have the possibility of acquiring education at all levels on an equal footing with the rest of the national community.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Development of coordinated programmes. The Committee notes the extensive information supplied by the Government regarding the numerous programmes undertaken in the areas of health, education, vocational training and support for indigenous business development with a view to improving the social, economic and cultural situation of indigenous peoples. The Committee notes in particular that, according to the progress report on the “Network of Opportunities” programme, the population of the indigenous areas has received 48.3 per cent of investment since the start of the programme. The Committee notes that this programme includes plans to give monetary support to women heads of household in connection with the use of health and education services, strengthening the provision of such services and building infrastructure, such as aqueducts, sanitary installations, access paths and roads in areas affected by extreme poverty. It also notes that Programme PN-T1032 supporting indigenous business development (PRODEI) benefited eight indigenous enterprises which were identified and given priority by the indigenous communities and their traditional authorities by means of various consultation processes and a validation workshop. The Committee requests the Government to continue to supply information on the programmes aimed at improving the social and economic situation of the indigenous peoples and the impact thereof, including information on the steps taken to consult the indigenous peoples concerned. The Committee also requests the Government to supply information on the evaluation of the activities of the National Council for Indigenous Development (CNDI).

With regard to its previous request concerning the “Project for the sustainable development of the Ngöbe-Buglé comarca (indigenous region) and adjacent poor rural areas”, the Committee notes that the project has a steering committee (CDP) composed of four representatives of the comarca and four state representatives, which meets 12 times per year to decide on future actions. It also notes that these actions are implemented by the project management unit (UGP), which conducts meetings with the indigenous leadership (caciques and congress executive committees) for information, coordination and planning. It notes in particular that the project has a “human and social resources development component” (CODERHS) with which it has funded scholarships for 1,327 students at primary, pre-intermediate, intermediate and university levels. It also notes that the project comprises the National programme for school nutrition and the Programme for sexual and reproductive health, in the context of which doctors in the comarca are informed of indigenous customs and traditions. The Committee requests the Government to continue to supply information on the implementation of the “Project for the sustainable development of the Ngöbe-Buglé comarca and adjacent poor rural areas” and the impact thereof on the socio-economic and cultural situation of the peoples concerned. The Committee also requests the Government to supply information on the measures taken in the context of the “Strategic plan for the development of the Ngöbe-Buglé comarca” and on the manner in which the indigenous peoples concerned participated in the formulation of this plan.

The Committee notes the indication in the Government’s report that the Social Investment Fund (FIS) carries out activities to support indigenous communities in the comarcas of Emberá, Kuna-Yala and Ngöbe-Buglé. The Committee requests the Government to supply information on the activities carries out by the FIS in the abovementioned comarcas. It also requests the Government to indicate the extent to which the collaboration of the indigenous peoples concerned is sought in the design of such activities, and opportunities are offered to them for the full development of their initiatives, in accordance with Article 5 of the Convention.

With reference to its previous comments concerning the existence of a legal void in the enforcement of the legal provisions acknowledging the right of the Emberá-Wounaan comarca to have its own budget, the Committee notes the Government’s indication that the legislation does not make provision for a competent authority responsible for the administration of the annual budget. The Committee requests the Government to clarify the manner in which the comarca is able to administer its annual budget in practice.

In view of the lack of information concerning the National indigenous development plan, the Committee requests the Government to provide information regarding progress made on the establishment of the plan, including the steps taken to provide the indigenous communities with the necessary technical assistance.

Article 5. Consultation. The Committee notes the information supplied by the Government concerning the provisions of the General Environment Act of 1988, which provides for the setting-up of environmental advisory committees at the provincial, comarca and district levels. The Committee requests the Government to supply information on the activities of the committees and the extent to which the committees enable the various indigenous communities to participate in the planning of their development.

Noting that the Government’s report does not contain any information on the other matters raised by the Committee with regard to consultation, the Committee again requests the Government to supply information on the following:

(i)    the measures adopted or contemplated to prevent the differences between regional legislation giving rise to imbalances in the rights and development of the various communities;

(ii)   the manner in which it is ensured that preliminary environmental impact studies are carried out with respect to any exploration or exploitation in indigenous areas in comarcas other than those of Kuna de Madungandí and Emberá Darién;

(iii) with regard to Act No. 15 of 7 February 2001, the measures taken to enable consultations to be held with the communities concerned in cases of exploitation even where the area in question is not entirely located within the same comarca; and

(iv)  any progress made on the Tabasará II case concerning the construction of two hydroelectric dams across the River Tabasará.

Article 6. Conditions of life and work. In its previous comments the Committee noted with concern the deplorable conditions of life and work of Ngöbe and Buglé boys and girls who work in sugarcane and coffee plantations in the provinces of Coclé and Veraguas. The Committee notes the information supplied by the Government on the measures adopted jointly by the Ministry of Labour and Labour Development (MITRADEL) and the Ministry of Social Development in the context of the Technical Committee for the Elimination of Child Labour and Protection of Young Workers (CETIPPAT). The Committee requests the Government to continue to supply information on the activities of the CETIPPAT and to indicate their impact with regard to improving the conditions of life and work of the peoples concerned.

The Committee notes the cooperation established between the authorities of Panama and Costa Rica with a view to eliminating child labour affecting emigrant indigenous boys and girls. It also notes with interest the agreement of 14 May 2009 between Panama and Cost Rica on the management of migration flows for the purposes of employment between Costa Rica and Panama for Ngöbe-Buglé indigenous workers and their families. It further notes that section 57 of Legislative Decree No. 3 of 2008, establishing the national migration service, its career structures and other provisions, provides that the State has the obligation to preserve and facilitate the “innocent passage” of Panamanian indigenous peoples to and from Panamanian jurisdiction and also to protect them from threats arising from illegal activities, such as the trafficking of persons, trafficking of drugs, terrorism and trafficking of weapons. The Committee requests the Government to supply information on the application of the abovementioned instruments.

The Committee refers to its previous comments concerning the difficulties faced by indigenous peoples with regard to obtaining credit. The Committee again requests the Government to supply information on the measures taken or contemplated to facilitate the granting of credit to members of these peoples.

Articles 7 and 8. Customary laws and methods of control. The Committee requests the Government to send copies of any court decisions which take into consideration the application of customary laws or methods of social control practised by indigenous communities.

Articles 11 to 14. Land rights. With reference to its previous comments concerning the dispute between indigenous communities and settlers who were systematically invading their lands, the Committee notes that the High-Level Commission was set up to tackle the problem by means of Executive Decree No. 287 of 11 July 2008. It also notes that Executive Decree No. 247 of 4 June 2008 authorizes the appointment of the corregidor comarcal (government‑appointed mediator) for the comarca of Kuna de Madungandí to resolve the disputes which have arisen in the comarca. It also notes that the National Directorate for Agrarian Reform of the Ministry of Agricultural Development (MIDA) is handling a number of cases of agrarian disputes which are in the process of being resolved. The Committee requests the Government to supply detailed information on the initiatives launched by the High-Level Commission to resolve the disputes between indigenous communities and settlers. It also requests the Government to supply information on the cases handled by the corregidor comarcal of the comarca of Kuna de Madungandí, on the cases handled by the MIDA and on any decisions reached.

The Committee notes from the Government’s report that, in the context of the National Land Administration Programme (PRONAT), forums for dialogue were set up in the Bri-bri, Naso, Ngöbe and Kuna territories to settle disputes between indigenous and adjoining lands. It also notes that action was taken with a view to delimiting the Naso and Bri‑bri indigenous territory and a preliminary draft act was drawn up with regard to the creation of the comarca of Naso Tjerdi. The Committee requests the Government to continue to supply information regarding PRONAT and its impact on strengthening the rights of indigenous communities over their traditional lands. Noting that the Government’s report does not contain any information on the other matters raised by the Committee with regard to land rights, the Committee requests the Government to supply detailed information in its next report in relation to points 22, 23, 24, 26 and 27 of its previous direct request.

Articles 16 and 17. Vocational training. The Committee notes the information contained in the report of the National Institute of Vocational Training for Human Development (INADEH) concerning training programmes for indigenous communities. The Committee notes with interest that INADEH has in some cases borne the costs of food and transport for indigenous participants in order to ensure their participation in the training programmes. It also notes the intention to formalize the presence of INADEH in the comarca of Ngöbe-Buglé. The Committee requests the Government to continue to supply information on the application of Articles 16 and 17 of the Convention.

Article 18. Handicrafts and rural industries. The Committee notes the detailed information supplied by the Government regarding the special intellectual property regime relating to the collective rights of indigenous peoples. The Committee requests the Government to continue to supply information on the awareness-raising and dissemination activities undertaken by the General Office of the Registry of Industrial Property (DIGERPI). It also requests the Government to supply information on the implementation of the relevant parts of the Project for the development and promotion of intellectual property.

Articles 19 and 20. Social security and health. The Committee notes the Government’s indication that notifications were sent to indigenous institutions and congresses regarding the formation and establishment of the National Commission for Indigenous Traditional Medicine and the Technical Secretariat for Indigenous Traditional Medicine, but without any result. The Committee requests the Government to take the necessary measures, including dissemination and awareness raising, to address the obstacles to the formation and establishment of the abovementioned bodies.

With reference to its previous comments concerning the difficulties faced by indigenous communities in gaining access to health services, the Committee notes the various programmes for strengthening the provision of health services in indigenous areas. It notes in particular that the Health plan for the indigenous peoples of Panama envisages the restructuring of the network for the provision of health services so as to convert health posts and sub-centres, which offer a primary level of health care, into health centres with doctors, nurses and adequate supplies and equipment. The Committee requests the Government to supply information on the implementation of the abovementioned plan and to continue to supply information on the measures taken as part of the other programmes mentioned in its report and the impact thereof.

Articles 21 to 24. Education. The Committee notes with interest Executive Decree No. 274 of 31 August 2007 establishing the National Directorate for Bilingual Intercultural Education, which, according to section 2, has the objective of ensuring the effective participation of indigenous peoples in the process for institutionalizing bilingual intercultural education and has the mandate to create mechanisms through which this participation can take place. It also notes the National plan for bilingual intercultural education and the Plan for the indigenous peoples of Panama, funded by the World Bank and drawn up, according to the Government’s report, on the basis of recommendations and agreements resulting from consultations with representatives of the peoples concerned. The Committee requests the Government to provide information on the establishment of mechanisms for the participation of indigenous peoples in accordance with sections 2 and 3 of Executive Decree No. 274. It also requests the Government to supply information on the implementation of the National plan for bilingual intercultural education and the Plan for the indigenous peoples of Panama, including information on the extent to which indigenous peoples are consulted with regard to devising appropriate curricula and teaching materials. The Committee also requests the Government to continue to supply information on the programmes implemented to ensure that members of indigenous communities have the possibility of acquiring education at all levels on an equal footing with the rest of the national community.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Chan 75 hydroelectric project. The Committee notes that, according to the observations on the situation of the Charco la Pava community presented to the Human Rights Council by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (A/HRC/12/34/Add.5, 7 September 2009), in January 2008, construction work began on the Chan 75 hydroelectric dam in the district of Changuinola (Bocas del Toro). It noted that this project would entail the flooding of the lands of various communities of the Ngöbe indigenous people, including Charco la Pava, Valle del Rey, Guayabal and Changuinola Arriba, with a population of approximately 1,000 persons, and that another 4,000 indigenous persons would also be affected. It also notes that, according to the Special Rapporteur (ibid.), the start of the construction work was accompanied by protests by members of the communities and these protests were suppressed by the national police. It further notes the allegations in the report concerning the permanent presence of officers of the national police who have been assigned the task of ensuring the further progress of the work.

The Committee understands that the communities affected were not consulted in relation to the decision to implement the hydroelectric project. The Committee also notes that the current situation arose from the failure to recognize the rights of the abovementioned indigenous communities relating to their traditional lands and the consequent consideration of those lands as state land. The Committee further notes the precautionary measures adopted by the Inter-American Commission on Human Rights in June 2009, requesting the State of Panama to suspend the construction work in order to avoid irreparable damage to the ownership rights of the Ngöbe indigenous people.

The Committee notes the information supplied by the Government to the effect that on 10 August 2009 a high-level round table was established to conduct a dialogue on the issues affecting the indigenous communities as a consequence of the construction of the Chan 75 hydroelectric dam. The Committee notes that the round table comprised the Deputy Minister for Governance and Justice, the Minister for External Relations, the Minister for Social Development, the Administrator-General of the National Environment Authority, the Governor of Bocas del Toro province, the mayor of the district of Changuinola, the National Assembly deputy for the area, two representatives of each of the communities affected by the project with their legal adviser, and two representatives of the company responsible for the project (AES) with their legal advisor.

The Committee recalls that under the terms of Article 11 of the Convention, governments have the obligation to recognize the right of ownership of indigenous populations over the lands traditionally occupied by them. The Committee also wishes to emphasize that consideration must be given, in defining the rights of these populations, to their customary laws in accordance with Article 7. Furthermore, the Committee draws the Government’s attention to Article 5, which states that, in applying the provisions of the Convention, governments must seek the collaboration of the indigenous populations and their representatives with regard to the formulation and implementation of the relevant measures.

The Committee notes that in his statement of 25 November 2009, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people expressed his “extreme concern about the forced eviction and the destruction of their housing suffered on 20 November 2009 by the Naso communities of San San and San San Druy, in Changuinola, Bocas del Toro province”. According to the statement, “about 150 riot policemen evacuated with tear gas bombs more than 200 indigenous Naso living in the communities of San San and San San Druy. After they were taken out of the area, employees of the Ganadera Bocas company entered the area with machinery and proceeded to demolish indigenous people houses” (UN Press Release, 25 November 2009).

The Committee expresses its serious concern in the face of these events and recalls that, according to the principle set out in Article 12 of the Convention, the groups affected cannot be removed from their territories without their free consent, subject to certain specific exceptions.

The Committee urges the Government to take all necessary steps, in collaboration with the representatives of the indigenous communities affected by the Chan 75 project, to recognize the rights of these communities over the lands traditionally occupied by them. It urges the Government to seek agreed solutions between all the parties concerned to remedy the current situation and provide information on all progress achieved in this respect, including information on any agreements reached by the abovementioned round table for dialogue. The Committee asks the Government to ensure that measures are adopted to protect the institutions, persons, property and labour of the communities affected until a solution of the issue is reached.

Land rights. The Committee notes the draft Act No. 411 of 2008, which establishes a special procedure for awarding collective ownership of lands of indigenous peoples and prescribes other provisions. It notes that this draft Act is before the Committee for Indigenous Affairs of the National Assembly of Deputies. The Committee understands that the draft Act will encompass draft Act No. 17 concerning the rights of the Emberá and Wounaan peoples and will enable examination of the issue of the recognition of the Bri-bri territory and the creation of the comarca (indigenous region) of Pueblo Naso. The Committee requests the Government to send a copy of draft Act No. 411 of 2008 and indicate to what extent the indigenous peoples were consulted with regard to the preparation of this legislative text. The Committee also requests the Government to supply information on any progress made with regard to the adoption of the draft Act.

The Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee notes the Government’s indication to the effect that it has examined the possibility of ratifying Convention No. 169, although no major progress has been achieved owing to the complexity of the matters covered by the Convention and the discrepancies which exist in relation to national law and practice. The Committee recalls that, in its general observation of 1992 on the Convention, it emphasized the fact that Convention No. 169 is more oriented than Convention No. 107 towards respect for and protection of the cultures, ways of life and traditional institutions of indigenous and tribal peoples. It therefore encouraged governments which had ratified Convention No. 107 to give serious consideration to ratifying Convention No. 169. The Committee hopes that the Government will continue to consider ratifying Convention No. 169 and encourages it to seek technical assistance from the Office in order to address any difficulties which might arise in connection with ratification. It requests the Government to provide information on any progress made on this matter.

Socio-economic situation of indigenous peoples. The Committee notes that according to the fourth National Report on the Situation of Women in Panama (2002–07), in indigenous areas, 98.5 per cent of the population lives in poverty and 89.7 per cent lives in extreme poverty. The Committee notes with interest the numerous programmes implemented by the Government in the areas of health, education, vocational training and support for indigenous enterprise development with a view to eliminating extreme poverty and improving the social, economic and cultural situation of the indigenous peoples. The Committee requests the Government to supply information on the implementation of these programmes and their impact, also indicating the manner in which the participation of indigenous peoples and their representatives in the formulation and implementation of programmes is ensured.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Furthermore, a more detailed request is being addressed directly to the Government on certain matters.

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

1. The Committee notes the information provided by the Government in its detailed report. It notes in particular the adoption of various laws creating comarcas (protected regions) and approving their respective basic charters. The Committee also notes the following national legislation: Act No. 41 of 1998 (General Act on the Environment); Title VII which is entitled "On indigenous comarcas and peoples"; Act No. 34 of 6 July 1995 (Education Act) which sets out the principle of bilingual education; and Act No. 4 of 29 January 1999 establishing equality of opportunity for women and containing a section entitled "Indigenous women". With regard to intellectual property, it notes Act No. 15 of 8 August 1994 respecting authors’ rights; Act No. 35 of 10 May 1996 on industrial property; Act No. 27 of 24 July 1997, section 10 of which prohibits the import of imitations of indigenous textiles and clothes such as molas and naguas. It takes particular note of Act No. 20 of 26 June 2000 issuing the special intellectual property rules for the collective rights of indigenous peoples and Act No. 35 of 25 July 2000 establishing the Board for the Fairs of Indigenous Peoples.

2. Article 1 of the Convention. The report indicates that, according to the 2000 census, the population in the legally established comarcas is as follows: comarca Ngöbe-Buglé: 110,619; comarca Kuna-Yala: 32,411; comarca Emberá: 8,182; comarca de Madungandí: 3,304 - resulting in a total of 154,516 persons. The Government does not currently have figures for the number of indigenous persons living outside these comarcas. The Committee recalls that, according to the 1990 census, the total indigenous population in Panama was 194,769 persons, which appears to show that there are currently at least 40,000 indigenous people who live in places other than the above comarcas. Please indicate the numbers of persons living in the comarca Kuna de Wargandí and the legal regime applicable to those not living in the legally established comarcas.

3. Articles 2 and 27. With reference to its previous comments, 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 for Indigenous Policy will be the technical secretariat. The Government states that CNDI is a "consultative and deliberative body on public policies and action for indigenous peoples, through dialogue between state bodies, indigenous congresses and organizations, to ensure respect and compliance with human rights, indigenous rights and the principle of the pluri-cultural Panamanian State". It will be composed of 11 government representatives, a representative of each of the congresses and councils of the seven peoples, and nine representatives of civil society, which will include three representatives of indigenous women and one of an indigenous NGO. The Committee notes that the creation of the Council constitutes progress in the coordination of the activities undertaken by state bodies and indigenous congresses and organizations. It also notes that, under section 1(2) of the Decree, the Council will be permanent, its decisions will be the product of dialogue and "it will form part of the government entity created to take responsibility for indigenous affairs". Please indicate whether such an entity has been established, the scope of its authority, and the coordination mechanisms with CNDI and other bodies concerned. The Committee would also be grateful if the Government would provide information on the work of the CNDI if it has met and if it would provide copies of any reports that it has produced. Please also provide information on the activities undertaken by CNDI under section 3 of the Decree (functions), particularly with regard to the review, approval and follow-up of a national plan for indigenous development (subsection 4), with a copy of the above plan.

4. With regard to the programmes noted in its previous comment, namely the Guaymí Integrated Rural Development Project and the Indigenous Development Project executed by the Ministry of Agricultural Development (MIDA), the Committee notes that, as these projects only had limited resources, it was decided to use them for projects in pilot areas, such as the project to combat rural poverty in the province of Darién and the Ngöbe-Buglé Project, initiated during the last half of the 1990s with the objective of the beneficiary communities becoming areas for training and dissemination of the improved technologies introduced by the projects. Please provide information on the situation with regard to these projects, the progress made and the existence of similar projects implemented during the period covered by the next report, including those undertaken within the so-called Orientation Framework for Agricultural Policy, 1994-99, in the context of the so-called multi-sectoral programmes of financial assistance for poor areas.

5. Article 5. The Committee welcomes the fact that the new legislation respecting comarcas establishes electoral institutions, provides for collaboration between the institutions of the comarca and the State and offers opportunities for indigenous persons to develop their initiatives. While the structures are not identical in each comarca, it appears that they reflect the individual organizational structures of the various communities and, in overall terms, a system has been established of general, regional and local congresses and of executive and governing bodies, which are mainly elected. It also notes that the comarca Kuna de Wargandí, in contrast with the others, has been recognized in the category of corregimiento, which is one of the subdivisions of the Panamanian State. Noting the existence of differences in the scope of the rights set out in the legislation of the various regions, the Committee requests the Government to indicate whether it is considering incorporating, and in which manner, a systematic and coordinated approach so that the differences between the laws do not give rise to imbalances in the rights and development of the various communities.

6. Right to be consulted. The Committee notes with interest that the new legislation sets out the right to be consulted on matters which may affect indigenous peoples and that this right is set forth both in general laws, such as the General Act on the Environment, and in the various laws at the level of the comarcas. The Committee hopes that the Government will provide information on the consultations held in accordance with this Article, and on the outcome of such consultations. Please also provide information on other consultative commissions which are operating effectively, on the procedures used for consultation and on the progress achieved and the difficulties encountered.

7. Act No. 15 of 7 February 2001. The Committee notes sections 11 and 12 of this Act, establishing standards for subsidizing basic consumption and the subsistence of clients of the public electricity service and issuing other provisions, which supplement sections 48 and 50 of Act No. 10 of 1997 establishing the comarca Ngöbe-Buglé. Section 48 of Act No. 10 requires consultation prior to the exploration and exploitation of natural resources, salt deposits, mines, water, quarries and mineral deposits, and provides in its third subsection that in cases where exploitation is feasible, an environmental impact study shall be required beforehand which shall include the social impact, taking into consideration the cultural characteristics of the population affected. The indigenous authorities may submit their views within a period of not more than 30 days. By virtue of the amendment made by Act No. 15/2001, the consultations provided for in section 48 are to be held only when exploitation projects are located totally within the comarca. In this respect, the Committee notes the case of Tabasará II, in which an enterprise was interested in exploiting resources for the creation of two hydroelectric dams across the river Tabasará, which runs through the territories of the Ngöbe-Buglé people and has traditionally been related to that people’s cultural development. The dam will not be wholly in Ngöbe territory and, by virtue of the amendments to Act No. 15, the project Tabasará II received administrative authorization without any consultations with the Ngöbe-Buglé community. Noting with interest that the Constitutional Chamber of the Supreme Court of Panama ordered the suspension of the project, the Committee hopes that the Government will keep it informed of developments in this case. In more general terms, the Committee requests information on any amendment to Act No. 15 with a view to ensuring that, wherever indigenous interests may be affected, the populations and their representatives are able, in collaboration with the Government, as set out in Article 5(a) of the Convention, to participate in seeking solutions that are satisfactory for both parties.

8. With reference to the previous paragraph, the Committee notes that section 45 of the basic charter of the comarca Kuna de Madungandí and section 96(2) of the basic charter of Emberá Darién require an environmental impact study to be undertaken prior to any exploration or exploitation and it hopes that the Government will consider this matter in a systematic and coordinated manner so as not to limit the rights of any indigenous people in relation to the rights of others and that it will adopt the same global approach with regard to the fundamental rights of these peoples.

9. Opportunities for the full development of indigenous initiatives. The Committee notes that the basic charters of the comarcas Emberá-Wounaan de Darién, Kuna de Madungandí, Ngöbe-Buglé and Kuna de Wargandí set out in similar terms that their general congresses shall prepare plans for the management and development of the region. Please provide information on the application of these charters, with an indication, where possible, of the development plans prepared under the terms of the charters and the implementation and outcome of the plans.

10. Articles 7 and 8. The Committee notes with interest that the new legislation refers to differing extents to the customary law of indigenous populations and recognizes their own methods of social control. In this respect, the basic charter of Emberá Wounaan dedicates Title XI, Chapter I, to the administration of traditional justice. However, the Committee notes that, while this charter makes explicit reference to traditional justice, this reference is not included in other cases, such as the basic charter of the Kuna de Madungandí region. Furthermore, in the basic charters of Emberá Wounaan (section 123), the comarca Kuna de Madungandí (section 65) and the Act creating the Ngöbe-Buglé (section 40), it is provided that traditional standards of conduct shall be taken into account in the administration of justice. Please provide information on the application of these provisions in practice. Furthermore, noting that there is no reference to traditional standards of conduct in the Act establishing the comarca Kuna de Wargandí, the Committee hopes that these will be included in some manner. Please also indicate the extent to which the customs of these populations are borne in mind in regard to penal matters and, where appropriate, please provide copies of the relevant judicial decisions.

11. Articles 11 to 14 (land rights). The Committee also notes with interest that the new laws respecting the comarcas constitute significant progress with regard to the delimitation of indigenous lands. 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 warning by the Ministry of Justice that "there are unscrupulous persons who are endeavouring to incite the unwary to invade the above lands (…) and that the Ministry of Justice knows who they are and will take legal action against these persons and against whomsoever is in violation of the law". The Committee requests the Government to indicate whether action has indeed been taken against the persons who incited others to invade or who have invaded the lands of the comarca Kuna de Madungandí and whether it has managed to guarantee the peaceful ownership by the indigenous population of the lands of the comarca. Also on this matter, the Committee hopes that the Government will keep it informed of developments related to the petition received by the Inter-American Commission on Human Rights on 11 January 2001 (No. 12,354) respecting the land rights of the Kuna and Emberá peoples which, it is reported, is currently being settled amicably.

12. The Committee notes that the various laws respecting the comarcas set forth the principle of the collective ownership of the land. In addition, it notes with interest section 102 of the General Act on the Environment, under which the lands included in comarcas and Indian reserves are protected in terms that are very similar to those of Conventions Nos. 107 and 169. Sections 103 and 105 of the same Act set forth the right to compensation when projects are undertaken in Indian lands and to a share in the profits when this is not envisaged in the laws in force. In this respect, the Committee notes from the ILO publication cited in the observation that "the Kunas de Madungandí and the Emberá were affected by the construction of this hydroelectric dam (Ascanio Villalaz) and that, despite offering their best lands, they do not have electricity and were never compensated". The Committee hopes that the Government will be able to provide information on this matter, and particularly on the compensation and participation in the profits from the hydroelectric dam Ascanio Villalaz. Please also provide information on the ownership regime for land applied to indigenous populations outside the limits of the comarcas.

13. Articles 16 and 17. With reference to its previous comment, the Committee notes the information provided by the Government on the vocational training activities of the National Vocational Training Institute (INAFORP) and that, as part of the programme to expand the Institute, the residential and catering facilities of the vocational training centres in Arimae (Darién), Kuna Yala (San Ignacio de Tupile), Las Lajas (Chiriquí) and Chiriquí Grande (Bocas del Toro) are being constructed. Please indicate the indigenous comarcas which have training centres and whether the courses provided and the training programmes were prepared in consultation with the indigenous populations concerned so as to ensure that they meet their needs.

14. Article 18. The Committee welcomes the new legislation adopted in this area, and particularly Act No. 20 of 26 June 2000 establishing the special rules on indigenous intellectual property, which creates, within the Intellectual Property Register, the Department of Collective Rights and Expressions of Folklore for the registration of the collective rights of indigenous peoples (sections 6 to 14). Act No. 35 of 25 July 2000, establishing the Board of Fairs of Indigenous Peoples, is also particularly significant. This Act promotes handicraft products of indigenous peoples with a view to improving their income. Please provide information on the application of these laws in practice, with an indication for example as to whether collective rights have actually been registered.

15. Article 20. With reference to its previous comment, the Committee notes that the project referred to in that comment has been replaced by the project for "community development and the production of food in marginal areas of Panama", with the cooperation of the World Food Programme. It also notes the various projects undertaken since 1995 by the Ministry of Health to improve the health and diet of indigenous populations, and it notes the appended documentation. Furthermore, with the financing of the Pan-American Health Organization (PAHO), the process of strengthening health committees has been continued with a view to the promotion and rehabilitation of the health of indigenous populations, with the result that there are currently some 100 health committees composed of indigenous persons. Noting the initiatives on traditional medicine and the existence of a preliminary draft text to establish an institute of traditional medicine, the Committee welcomes the value that is being attached to traditional medicine and hopes to be provided with information on the Tramil project and the planned institute of traditional medicine. It would be grateful for information on whether health committees covering traditional medicine have been established in other indigenous comarcas.

16. The Government’s report states that the Ministry of Health prepared a document containing general guidance for the formulation of health policies for indigenous peoples, on which consultations were held in workshops with the congresses of indigenous comarcas. The Committee would be grateful to be kept informed of the application of these health policies and their results, as well as on the progress made with the subregional project on inter-cultural and gender equity in the health of indigenous peoples, within the framework of the 2000-03 reform.

17. The Committee also notes the figures provided by the Government in its report on the personnel engaged in health services in indigenous areas, which show that while there are 16 doctors in Kuna Yala, there are none in Emberá Wounaan, and that in Ngöbe-Buglé, which has over 100,000 inhabitants, there are only three. The Committee would be grateful if the Government would provide information on whether measures are envisaged to facilitate and promote the installation of doctors in indigenous comarcas and requests the Government to continue providing information on the personnel working in the health areas in these regions.

18. Articles 21 to 24. The Committee notes Act No. 34 of 6 July 1995 (the Education Act), which sets forth the principle of inter-cultural bilingual education, section 250 of which provides that the educational programmes for indigenous communities shall include elements and values from their own cultural background. For the implementation of inter-cultural bilingual education, Executive Decree No. 94 of 25 May 1998 established the technical coordination unit for the implementation of special programmes in indigenous areas. Nevertheless, the Committee regrets to note the many difficulties resulting in the educational services in indigenous comarcas being insufficient and inadequate and the fact that it has not been possible to implement inter-cultural bilingual education, nor to formulate education plans incorporating the values and needs of indigenous populations. According to the Government’s report, the socio-economic conditions of the indigenous population are critical, due to extreme poverty and child malnutrition, which is reflected in a high percentage of school failures, drop-outs and the need to repeat courses. In practice, teaching is only provided in Spanish, as schools in indigenous areas do not have the necessary resources and infrastructure, in view of the lack of investment and the low level of resources allocated by the national budget for educational projects in indigenous comarcas. Most projects have failed or have been interrupted as a result of failure to provide the resources allocated. The Committee is aware of the economic difficulties that the country is experiencing and hopes that the Government will undertake systematic and coordinated programmes in the educational field, taking into account the right of indigenous peoples to receive education in their own language and based on plans that are adapted to their socio-cultural values and needs, and that it will allocate the necessary resources to them. The Committee would be grateful if the Government would keep it informed of this matter.

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

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.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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 detailed information contained in the Government's report, which arrived after its last session.

2. Article 1 of the Convention. The Committee notes the preliminary data derived from the 1990 census concerning the size and composition of the indigenous population of the country, and requests the Government to provide information based on the definitive results in its next report.

3. Articles 2 and 27. The Committee notes with interest the detailed information provided on the administration of activities affecting indigenous populations in the country.

4. In this respect, the Committee recalls that in its previous comments it noted a draft resolution which would have created a national directorate for indigenous affairs in the Ministry of Agricultural Development (MIDA). However, the report indicates that the decision was taken in 1988 not to approve this draft. The Committee notes further that the National Directorate for Indigenous Affairs in MIDA no longer exists, having been replaced in 1985 by the Technical Executive Directorate of the Guayami Rural Integrated Development Project of MIDA (resolution ALP-12-ADM of 22 May 1985, mentioned in the Committee's previous comments).

5. The Committee notes further the existence of the National Directorate for Indigenous Policy in the Ministry of Government and Justice, which was created by Act No. 27 of 30 January 1958. It also notes that the Directorate is located in the Community Organization sector in the Ministry, which coordinates community development. In coordination with the Subdirectorate for Local Governments, the National Directorate for Indigenous Policy is conducting an inter-institutional workshop to learn of activities affecting local government and indigenous affairs carried out by other state bodies.

6. It appears from this information that there is no one body which has overall responsibility for indigenous affairs, and in fact that the coordination among the existing bodies is not highly developed. The Committee notes further that, at the time the report was prepared, the newly-installed Government had not yet considered this matter. It notes in addition the indication in the report that the need to ensure coordination among various bodies working on the question is recognized, and hopes that it will be taken into account. The Committee refers to the observation it is making this year in this connection, and hopes that in its next report the Government will be able to indicate the progress achieved in coordinating these activities.

7. Article 5. In its previous comments the Committee noted that the Fourth General Congress of Guayami Indians in 1986 had expressed reservations about the unilateral character of decision-making in the Integral Development Project for the Guayami Indian Area, financed by the International Fund for Agricultural Development (IFAD). The Government has stated in its report that problems of consultation did exist in one area, but that it has taken measures to ensure full consultation since 1988. The Committee notes, for instance, the creation of Expanded Consultative Committees which meet every two months with the management and officials of the National Office of Coordination (ONADRI) of the Ministry of Planning and Political Economy (MIPPE) concerning this project. It notes also the establishment of the programme "Participation and organization of beneficiaries" to guarantee direct participation in such projects under the responsibility of the General Directorate of Community Development (DIGEDECOM) of the Ministry of Government and Justice. The Committee welcomes this open and constructive approach to consultations with indigenous communities and leaders, and requests the Government to continue supplying information in this respect in its future reports. It refers to its observation on this question.

8. In previous reports the Government has stated that it continues to forward copies of its reports on the present Convention to the organizations of Indian peoples concerned, but that it has received no comments from them. The Committee hopes that the Government will continue doing this, and that it will consider whether it wishes to encourage these organizations to make such comments, possibly with the assistance of the ILO Regional Adviser in Latin America responsible for these questions.

9. Articles 11 to 14 - land rights. The Committee notes from the report that the Government, acting through the Ministry of Government and Justice, has reactivated the National Commission on Administrative Limits which was created by Executive Decree No. 113 of 26 September 1979. This Commission has the power to recommend a definitive solution to conflicts and discrepancies in boundary disputes, including the delimitation of Indian comarcas and reserves. Its recommendations are made to the Ministry, which submit them to the Legislative Assembly for decision.

10. In its previous comments the Committee asked for information on several cases in which delimitation of indigenous lands was under study. It notes from the report, however, that no further negotiations or draft legislation for this purpose can be pursued until there have been new elections for legislative seats in Indian areas, according to the Electoral Tribunal which had set 27 January 1992 as the date for the elections. Please indicate whether these elections were held, and whether negotiations or other action in this regard have begun anew.

11. In the meantime, the Committee refers to the questions it raised previously on the delimitation of reserves or comarcas for a number of communities, and notes the explanations provided in the Government's report. It hopes to receive with the Government's next report detailed indications of the progress achieved in each of these cases when the present crisis has passed.

12. On one of the matters to which the Committee referred in its previous comments, the Committee notes the information concerning the Government's efforts to resolve conflicts between settlers and Indians in the area of the proposed Reserva Kuna de Madungandi de Bayano. The Committee notes that the Government has referred to the need to relocate the settlers, and requests it to provide information in its next report on the progress achieved in the resolution of this conflict.

13. Articles 16 and 17. The Committee notes the additional information supplied in the report on the vocational training activities for indigenous people carried out by the National Vocational Training Institute (INAFORP).

14. As concerns the Cerro Colorado mining project, the Committee notes that its activities remain suspended.

15. Article 18. The Committee notes the additional information the Government has provided on a number of cooperative associations established among indigenous people, for transport, fishing, agriculture, health and handicrafts.

16. Article 20. The Committee notes the additional detailed information provided on the health care initiatives taken in indigenous communities.

17. As concerns the Nutritional and Food Production Project for the Guayami, Kuna and Chocoe Indians, which was proposed to the Inter-American Development Bank for financing, the Committee notes that there has been no progress during the last three years because of the crisis facing the country. It notes that the Government expresses the hope that it will be able to return to negotiations for this project. The Committee requests the Government to provide more information in its next report.

18. The Committee notes with interest the additional information concerning a project for the production of basic foodstuffs, carried out with the support of the World Food Programme. It hopes that the Government will continue to provide information on this project.

19. Articles 21 to 24. The Committee notes with interest the information provided by the Government on the number of educational grants awarded to Indian students, as well as the difficulties encountered in offering these grants more systematically in Indian areas, due to the economic situation of these groups and their consequent inability to meet costs. It requests the Government to continue to supply information in this connection.

20. The Committee notes from the Government's report that international scholarships, previously offered by the Government of Mexico in Indian studies, were halted by that country in 1990.

21. In its previous comments, the Committee requested information on the continuation of bilingual education programmes, as well as on the continuation of educational programmes funded by the Inter-American Development Bank and by UNESCO. It also requested information on the effect given to include a chapter on the development of indigenous education in the draft basic legislation for restructuring the Panamanian educational system. Please provide information on these questions in the next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the information in the Government's report and the attached documentation.

2. Article 1 of the Convention. The Committee notes with interest the results of the 1990 census. In particular, it notes there are 194,269 indigenous persons in the country belonging to the Kuna, Guaymí, Teribe, Bokota, Emberá, Waunana and other communities.

3. Articles 2 and 27. The Committee notes from the information provided that the National Directorate for Indigenous Policy (DNPI) within the Ministry of Government and Justice, has taken measures to coordinate the activities affecting indigenous populations at the national level, in cooperation with the National Directorate for Local Governments and other high-level administrative authorities. Recalling its previous comments regarding the absence of a central body with overall responsibility for indigenous affairs, the Committee notes from the information provided that it is not sufficiently evident that the National Directorate has been identified as the body responsible for coordinating all the activities undertaken by the various state bodies in indigenous matters, and with the commensurate authority. It therefore requests the Government to provide information with its next report on the role of the National Directorate, the scope of its authority and mechanisms for coordination.

4. The Committee notes the information regarding the two programmes of assistance in small-scale farming to indigenous communities carried out by the Ministry of Agricultural Development (MIDA): (i) the Programme of Guaymíe Rural Integrated Development Project - DRI-GUAYMIE (1990-92), complemented by the food initiative of Project PMA/PAN/2436, operational in the Provinces of Veraguas and Chiriqui, and coordinated by the Ministry of Planning and Political Economy; and on the termination of this project; (ii) the Programme for Indigenous Development (1993-94) which expanded the scope of the project to include the Provinces of Chepo, San Blas, Bocas del Toro and Darien, in addition to Chiriqui and Veraguas. It notes that these two programmes have benefited a number of indigenous farmers and their families from some 50 communities. However, the Committee notes the Government's statement that such small projects executed in isolation and with limited resources are insufficient to meet the needs of the indigenous population, and that in the future such projects should be used as pilot projects within indigenous communities in order to provide training and dissemination centres for improved technology for the rest of the population. The Committee notes also the MIDA Guidelines for Agricultural Policy Document 1994-99 which include a component of multi-sector programmes of financial assistance in impoverished rural areas, including to indigenous communities. The Committee requests the Government to keep it informed of the implementation of these programmes, of any measures taken or contemplated to increase financial and technological assistance to indigenous communities, and of any other projects for the benefit of the indigenous population in the country.

5. Article 5. The Committee notes with interest that the Government continues to take steps to strengthen the participation of indigenous communities in all social, economic and political matters affecting them, and that it is considering taking legal measures to create local indigenous governments. It requests the Government to continue to provide information in this regard, including the present status of the programme "Participation and organization of beneficiaries" to guarantee direct participation in projects under the responsibility of the General Directorate of Community Development (DIGEDECOM) of the Ministry of Government and Justice which the Committee had noted in its previous comments.

6. Articles 11 to 14 - land rights. The Committee notes that the Government is taking measures to resolve questions relating to the delimitation of indigenous lands, and that representatives from indigenous areas have been elected to the legislature during the 1994 national elections. Further, it notes that the Government, through its Ministry of Government and Justice, is in the process of consultations for the definitive demarcation of indigenous areas, through the adoption of relevant legislation.

7. The Committee notes with interest the copies of the draft legislation relating to the delimitation of the reserve or comarca Ngobe-Bugle; the Corregimiento of Rio Luis in the district of Santa Fe; the reserve Camara Kuna of Madungandi; and the reserve Kuna Wargandi. In particular it notes the provisions relating to the recognition of the collective rights of the indigenous communities to their traditional lands, the decision-making powers of their traditional institutions, and their right to be consulted in any matters which may affect them. The Committee requests the Government to provide information in its next report on the progress achieved in each of these cases, and copies of the legislation when adopted.

8. The Committee notes with interest that the "Proposal for the draft Law to create the Camara Kuna Madungandi" identifies the "constant penetration of non-indigenous elements" as a major obstacle to maintaining and protecting the traditional collective use of the land rights of the indigenous communities living in that area, and that all foreigners or foreign missions must have the authorization of the Government and fulfil the requirements of the Organic Act prior to carrying out any activity or study within the demarcated area (section 15). The Committee recalls its previous comments on the conflicts between settlers and indigenous communities in the area of the proposed Reserva Kuna de Madungandi de Bayano and the Government's acknowledgement of the need to relocate the settlers. It requests the Government to provide information in its next report on the progress achieved in the resolution of this conflict, including any measures to relocate the settlers outside the territories of the Reserva Kuna de Madungandi and prevent their return. Please also provide a copy of the legislation when it has been adopted.

9. Articles 16 and 17. The Committee notes the additional information provided with the Government's report on the vocational training activities of the National Vocational Training Institute (INAFORP). Noting the Government's statement regarding the low number of participants at the INAFORP courses, the Committee also notes the proposal to expand the geographical coverage of the Institute for 1995. It requests the Government to keep it informed in this regard.

10. The Committee notes the training programmes of the National Directorate for Indigenous Policy in collaboration with the Department of Institutional Development, and with the participation of indigenous communities. In this respect it also notes the requests from the indigenous communities for the training of members of their communities so that they in turn can train others, and for greater support and interest from the state authorities.

11. Article 20. The Committee recalls the proposal for the Nutritional and Food Production Project for the Guayami, Kuna and Chocoe Indians which the Government was planning to negotiate with the Inter-American Development Bank. As the present report is silent on this matter, it hopes that the Government will provide more information on this project in its next report.

12. Articles 21 to 24. The Committee notes with interest the information in the report on the number of awards given to students in indigenous communities by the Government during 1990-93. It requests the Government to continue to provide such information.

13. It notes the additional information provided with the Government's report on the literacy and vocational training programme funded by UNESCO and the Inter-American Development Bank (Project No. ATN/TF-2825-PN) during 1987 to 1993 which benefited 4,200 young persons between the ages of 15 and 20 from the Ngobere and Kuna communities. It also notes with interest the sub-programme for adult education, with background pictorial information, in the local indigenous languages. Noting that the Government is planning to request funding for a continuation of these programmes, the Committee requests the Government to keep it informed of any further developments in this regard.

14. With reference to the draft basic legislation to restructure the Panamanian educational system, the Committee notes the copy of the relevant articles provided with the report. It requests the Government to keep it informed of the progress of this legislation, and to provide a copy when it has been adopted.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee wishes once again to take special note of the Government's attention to resolving problems which arise between the indigenous populations of the country and other citizens, in a spirit of dialogue and negotiation. It notes with satisfaction the improvements made in this regard in one region following its 1987 comments. The Committee refers in particular to the detailed information provided on the involvement of indigenous and tribal communities in discussions concerning economic development in the areas in which they live. This does not mean that no problems arise, but it does indicate that they are approached in a spirit of cooperation. The Committee wishes to draw the attention of all governments whose countries include indigenous and tribal populations to the approach taken in Panama. At the same time, the Committee notes that there is a wide variety of institutions, including a number of ministries and their subsidiary bodies, working in this field. Recalling the requirement of Article 2 of the Convention that "Governments shall have the primary responsibility for developing coordinated and systematic action" in this regard, the Committee hopes that it will be possible to ensure that this principle is applied. The Committee is also raising a number of questions in more detailed comments 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.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes from the Government's report that it continues to give attention to the problems faced by the indigenous populations in the country. In particular, it notes the steps to enhance the participation of the indigenous communities in matters affecting their well being, and to strengthen the recognition of their distinct identity and traditional values and institutions through dialogue and consultations.

2. In this context the Committee notes with interest the Government's statement that it has not yet decided whether to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revises the present Convention No. 107, but that it is studying the question. The Committee asks that it be kept informed of any further developments in this regard.

3. With reference to the requirement of Article 2 of the Convention that "Governments shall have the primary responsibility for developing coordinated and systematic action", the Committee notes that the Ministry of Government and Justice, through its agency the National Directorate for Indigenous Policy, is taking steps in this direction. However, there are indications that the coordination among the various entities active in indigenous matters remains ad hoc, and that a more concerted effort is required in order to meet the complex range of problems facing the indigenous population in the country. The Committee trusts the Government will continue to take measures to ensure that there is increased coordination among the various high-level state entities involved.

4. The Committee is also raising a number of questions in more detailed comments addressed directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the detailed information contained in the Government's report, which arrived after its last session.

2. Article 1 of the Convention. The Committee notes the preliminary data derived from the 1990 census concerning the size and composition of the indigenous population of the country, and requests the Government to provide information based on the definitive results in its next report.

3. Articles 2 and 27. The Committee notes with interest the detailed information provided on the administration of activities affecting indigenous populations in the country.

4. In this respect, the Committee recalls that in its previous comments it noted a draft resolution which would have created a national directorate for indigenous affairs in the Ministry of Agricultural Development (MIDA). However, the report indicates that the decision was taken in 1988 not to approve this draft. The Committee notes further that the National Directorate for Indigenous Affairs in MIDA no longer exists, having been replaced in 1985 by the Technical Executive Directorate of the Guayami Rural Integrated Development Project of MIDA (resolution ALP-12-ADM of 22 May 1985, mentioned in the Committee's previous comments).

5. The Committee notes further the existence of the National Directorate for Indigenous Policy in the Ministry of Government and Justice, which was created by Act No. 27 of 30 January 1958. It also notes that the Directorate is located in the Community Organisation sector in the Ministry, which coordinates community development. In coordination with the Subdirectorate for Local Governments, the National Directorate for Indigenous Policy is conducting an interinstitutional workshop to learn of activities affecting local government and indigenous affairs carried out by other state bodies.

6. It appears from this information that there is no one body which has overall responsibility for indigenous affairs, and in fact that the coordination among the existing bodies is not highly developed. The Committee notes further that, at the time the report was prepared, the newly-installed Government had not yet considered this matter. It notes in addition the indication in the report that the need to ensure coordination among various bodies working on the question is recognised, and hopes that it will be taken into account. The Committee refers to the observation it is making this year in this connection, and hopes that in its next report the Government will be able to indicate the progress achieved in coordinating these activities.

7. Article 5. In its previous comments the Committee noted that the Fourth General Congress of Guayami Indians in 1986 had expressed reservations about the unilateral character of decision making in the Integral Development Project for the Guayami Indian Area, financed by the International Fund for Agricultural Development (IFAD). The Government has stated in its report that problems of consultation did exist in one area, but that it has taken measures to ensure full consultation since 1988. The Committee notes, for instance, the creation of Expanded Consultative Committees which meet every two months with the management and officials of the National Office of Coordination (ONADRI) of the Ministry of Planning and Political Economy (MIPPE) concerning this project. It notes also the establishment of the programme "Participation and organisation of beneficiaries" to guarantee direct participation in such projects under the responsibility of the General Directorate of Community Development (DIGEDECOM) of the Ministry of Government and Justice. The Committee welcomes this open and constructive approach to consultations with indigenous communities and leaders, and requests the Government to continue supplying information in this respect in its future reports. It refers to its observation on this question.

8. In previous reports the Government has stated that it continues to forward copies of its reports on the present Convention to the organisations of Indian peoples concerned, but that it has received no comments from them. The Committee hopes that the Government will continue doing this, and that it will consider whether it wishes to encourage these organisations to make such comments, possibly with the assistance of the ILO Regional Adviser in Latin America responsible for these questions.

9. Articles 11 to 14 - land rights. The Committee notes from the report that the Government, acting through the Ministry of Government and Justice, has reactivated the National Commission on Administrative Limits which was created by Executive Decree No. 113 of 26 September 1979. This Commission has the power to recommend a definitive solution to conflicts and discrepancies in boundary disputes, including the delimitation of Indian comarcas and reserves. Its recommendations are made to the Ministry, which submit them to the Legislative Assembly for decision.

10. In its previous comments the Committee asked for information on several cases in which delimitation of indigenous lands was under study. It notes from the report, however, that no further negotiations or draft legislation for this purpose can be pursued until there have been new elections for legislative seats in Indian areas, according to the Electoral Tribunal which had set 27 January 1992 as the date for the elections. Please indicate whether these elections were held, and whether negotiations or other action in this regard have begun anew.

11. In the meantime, the Committee refers to the questions it raised previously on the delimitation of reserves or comarcas for a number of communities, and notes the explanations provided in the Government's report. It hopes to receive with the Government's next report detailed indications of the progress achieved in each of these cases when the present crisis has passed.

12. On one of the matters to which the Committee referred in its previous comments, the Committee notes the information concerning the Government's efforts to resolve conflicts between settlers and Indians in the area of the proposed Reserva Kuna de Madungandi de Bayano. The Committee notes that the Government has referred to the need to relocate the settlers, and requests it to provide information in its next report on the progress achieved in the resolution of this conflict.

13. Articles 16 and 17. The Committee notes the additional information supplied in the report on the vocational training activities for indigenous people carried out by the National Vocational Training Institute (INAFORP).

14. As concerns the Cerro Colorado mining project, the Committee notes that its activities remain suspended.

15. Article 18. The Committee notes the additional information the Government has provided on a number of cooperative associations established among indigenous people, for transport, fishing, agriculture, health and handicrafts.

16. Article 20. The Committee notes the additional detailed information provided on the health care initiatives taken in indigenous communities.

17. As concerns the Nutritional and Food Production Project for the Guayami, Kuna and Chocoe Indians, which was proposed to the Inter-American Development Bank for financing, the Committee notes that there has been no progress during the last three years because of the crisis facing the country. It notes that the Government expresses the hope that it will be able to return to negotiations for this project. The Committee requests the Government to provide more information in its next report.

18. The Committee notes with interest the additional information concerning a project for the production of basic foodstuffs, carried out with the support of the World Food Programme. It hopes that the Government will continue to provide information on this project.

19. Articles 21 to 24. The Committee notes with interest the information provided by the Government on the number of educational grants awarded to Indian students, as well as the difficulties encountered in offering these grants more systematically in Indian areas, due to the economic situation of these groups and their consequent inability to meet costs. It requests the Government to continue to supply information in this connection.

20. The Committee notes from the Government's report that international scholarships, previously offered by the Government of Mexico in Indian studies, were halted by that country in 1990.

21. In its previous comments, the Committee requested information on the continuation of bilingual education programmes, as well as on the continuation of educational programmes funded by the Inter-American Development Bank and by UNESCO. It also requested information on the effect given to include a chapter on the development of indigenous education in the draft basic legislation for restructuring the Panamanian educational system. Please provide information on these questions in the next report.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee wishes once again to take special note of the Government's attention to resolving problems which arise between the indigenous populations of the country and other citizens, in a spirit of dialogue and negotiation. It notes with satisfaction the improvements made in this regard in one region following its 1987 comments. The Committee refers in particular to the detailed information provided on the involvement of indigenous and tribal communities in discussions concerning economic development in the areas in which they live. This does not mean that no problems arise, but it does indicate that they are approached in a spirit of cooperation.

The Committee wishes to draw the attention of all governments whose countries include indigenous and tribal populations to the approach taken in Panama.

At the same time, the Committee notes that there is a wide variety of institutions, including a number of ministries and their subsidiary bodies, working in this field. Recalling the requirement of Article 2 of the Convention that "Governments shall have the primary responsibility for developing coordinated and systematic action" in this regard, the Committee hopes that it will be possible to ensure that this principle is applied.

The Committee is also raising a number of questions in more detailed comments addressed directly to the Government.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. Article 1 of the Convention. The Committee notes the statistics concerning the indigenous population. It also notes that, according to the latest information available, the indigenous population represents 5.2 per cent of the total population of the country. The Committee hopes that the Government will supply, when possible, the new data on the indigenous population collected in the census to be conducted in 1990.

2. Articles 2 and 27. The Committee notes the activities of the National Directorate for Indigenous Policy, and particularly the reports prepared by the Directorate and its co-ordination duties in relation to the various bodies responsible for carrying out studies and projects in indigenous areas.

3. The Committee also notes the activities of the Ministry of Agricultural Development (MIDA) for the benefit of indigenous areas and their development. In particular, it notes the setting up of the Technical Executive Directorate for the Guaymé National Integrated Rural Development Plan for Indian Affairs (resolution No. ALP-12-ADM). The Committee notes that, according to the Government, the above resolution restricts the scope of activities that had originally been assigned to the Technical Executive Directorate. In this connection, it notes the Government's decision to extend once again the duties of the above Directorate, for which purpose it has formulated a draft resolution to set up the National Directorate of Indigenous Rural Development. The Committee notes that the draft resolution has been submitted to the Ministry of Agricultural Development for approval. The Committee notes that this draft makes no specific reference to the National Directorate for Indigenous Policy. In view of the responsibilities of the latter Directorate, the Committee requests the Government to indicate the relationship between the National Directorate of Indigenous Rural Development and the National Directorate for Indigenous Policy and the measures that have been taken regarding the co-ordination of the above bodies. The Committee requests the Government to supply information on the results of its work in this field and to indicate when the draft resolution is adopted to set up the National Directorate of Indigenous Rural Development.

4. In this connection, the Committee would be grateful if the Government would indicate whether the National Directorate of Indigenous Affairs still exists. The Committee notes the various bodies referred to in the Government's report and hopes that the Government will indicate in its next report whether any of these bodies is responsible for co-ordinating all the activities undertaken throughout the country affecting indigenous communities.

5. The Committee notes with interest the report on the activities of the Ministry of Agricultural Development in the integral rural development project for the Guaymé Indian areas for the period June-December 1985. The Committee requests the Government to continue supplying information of this type, as it clearly illustrates the type of activities that are being undertaken for the benefit of the indigenous communities.

6. Article 5. The Committee notes the information concerning the Integral Development Project for the Guaymé Indian Area (FIDA). In this connection, the Committee notes that during the Fourth General Congress of Guaymé Indians, held in March 1986, concern was expressed at the way in which this project was developing, in view of the fact that unilateral decisions appeared to be taken by the officials responsible for the project, without taking into account the participation of the Indians. The Committee hopes that the Government will duly take into account these observations and will take the necessary steps to ensure that Indians participate in the development of this project.

7. Furthermore, the Committee would be grateful if the Government would indicate whether it has considered the formal participation of representatives of the Indian organisations concerned in the decision-making bodies of the new Technical Executive Directorate.

8. The Committee notes that the Government has continued forwarding copies of reports on the application of the present Convention to the organisations of the Indian peoples concerned, but that it has received no comments from them. The Committee requests the Government to continue forwarding copies of its reports to the Indian organisations concerned, so that they can formulate their comments, and it hopes that it will indicate in future reports whether comments have been received in this respect.

9. Articles 11 to 14. The Committee notes that the National Directorate of Indigenous Policy is directing its endeavours, in particular, to establishing the boundaries of lands and issuing land rights to Indian peoples. It notes that these activities have been conducted, in particular, for the benefit of the Kunas group in the Comarca de San Blas and the Ember group in Piriaté and Ipeté. The Committee requests the Government to continue supplying information on the work carried out by the National Directorate of Indigenous Policy, particularly with regard to the adoption of the Bill to create the Guaymé Comarca. In this connection, the Committee notes that during the Fourth General Congress of the Guaymé Indians, held in March 1986, reservations were expressed concerning the above Bill and a resolution was adopted on this subject. The Committee hopes that these reservations will be duly taken into consideration by the Government.

10. The Committee also notes from the information communicated by the Inter-American Indian Institute (III), that this institute has contributed to a study on the possibility of demarcating the Guaymé Comarca. In this respect, and in connection with the draft law for the creation of this Comarca, the Committee notes that the III expert who carried out the study expressed his reservations on sections 2, 4, 5, 6 and 7 of the draft, in particular, since these provisions would be contrary to Articles 11 and 12 of the Convention. The Committee hopes that the Government will take these reservations into account.

11. The Committee notes with interest the painstaking work carried out for the demarcation of the Indian reservation for the Kunas Indians of Madungandi de Bayano, by mutual agreement on 11 September 1985, when the boundaries of the area to be included in this reservation were established and the agreement concluded between the Government and the chiefs and representatives of the Kuna community of Madungandi, on 8 October 1985, for the discussion of the draft legislation to create this reservation for the Kunas. The Committee notes that the creation of this reservation originated from the Cuenca Water Project for the Alto Bayano and the construction of the Ascanio Villalaz Water Project. The Committee welcomes the seriousness of the work carried out to complete the transfer of the Kuna community of Majecito and for the creation of the corresponding reservation. The Committee requests the Government to continue supplying information on the development of this project and on the adoption of the legislation creating the Reserva Indégena Kuna de Madungandi de Bayano. The Committee also notes that in addition to the above reservation, work is going ahead on the creation of the Reserva Kuna de Ual , Nurra y Morty in the Provincia del DariLn. Finally, the Committee congratulates the Government on the work carried out on behalf of the Indians who were transferred, and in particular the Ember Indians from Piariaté and Ipeté de Bayano, and hopes that the Government will continue supplying information on the measures that are adopted respecting Indians who are transferred.

12. The Committee notes the report of the commission set up to examine the case of the "Indians vs. the settlers of Bayano". It notes that the above commission has indicated the existence of disputes in the regions of Loma Bonita, Quebrada Calé and Puente del Réo Bayano. The Committee notes the action taken concerning the settlers located in the regions referred to above, which are the areas in which the Reserva Kuna de Madungandi de Bayano would be situated. The Committee requests the Government to supply information on the action taken to resolve the disputes between settlers and Indians in this reservation.

13. With reference to resolution No. DN 171, of 5 October 1981, adopted to protect the lands set out as future comarcas and suspending the registration of land titles, the Committee notes, from the information supplied by the Government in its report, that this resolution will remain in force until the draft legislation that is under examination has been adopted to create Indian communities (the Kuna de Madungandi Reservation and the Guaymé Comarca), thereby avoiding problems with settlers.

14. Articles 16 and 17. The Committee notes with interest the work carried out by the National Vocational Training Institute (INAFORP) for the benefit of indigenous populations. It also notes the information supplied on the number of peoples benefiting from such training. The Committee welcomes the initiative taken by the INAFORP to use in its training programmes instructors from the Indian groups for which the programmes are intended, and the positive results of such programmes. The Committee requests the Government to continue supplying information on the measures taken in this field, the training programmes undertaken and their results.

15. As concerns the Cerro Colorado mining project which, according to the Government's information, is still suspended, the Committee requests the Government to indicate whether the studies and negotiations that it referred to in its last report are being continued.

16. Article 18. The Committee notes the information regarding a number of Indian co-operative industries in the fields of fishing, transport and craftwork, and particularly of Kuna, Guaymé and Waumon craftsmen. The Committee hopes that the Government will be able to supply more detailed information on the measures that it is taking or will take in this field.

17. Article 20. The Committee notes with interest the detailed information supplied regarding the health care measures taken to benefit Indians and, in particular, of the Report on the Health Care Activities and Resources for the Indigenous Population, 1987. The Committee requests the Government to continue supplying information on the projects implemented in this field and, in particular, on the Nutritional and Food Production Project for the Guaymé, Kuna and Chocoe Indians; negotiations are under way for this project to be carried out with the support of the Inter-American Development Bank (IDB). The Committee also hopes that the Government will take into consideration the observations and requests made by the Guaymé Indians during their Fourth General Congress regarding health care (resolution No. 5).

18. Articles 21 and 24. The Committee notes with interest the information supplied by the Government concerning the number of grants awarded by the IFARHU. The Committee notes that Annex 21, which was referred to in the report and which gives detailed information on the grants awarded by the IFARHU, has not been received. The Committee also notes the developments in the bilingual education system and the Report on the Bilingual Information Programme, 1975-87. The Committee notes with interest the training programmes for Indian teachers (Remote Training Programme for In-Service Teachers and the Grant Plan for the Training of Guaymé and Teribes Teachers). The Committee requests the Government to continue supplying information on the execution of these programmes.

19. The Committee notes that a number of bilingual education programmes were suspended for lack of resources (the report referred to above, page 15). The Committee requests the Government to supply information on the measures that have been adopted or that are under consideration to ensure that these programmes can continue to be executed. In particular, it requests information on whether it was possible to carry out the experimental adult literacy programme for Kunas and Ngoberes, instigated by the IDB, and on its results. It also requests information on the outcome of the literacy programme financed by the IDB to improve the literacy and vocational skills of the Indian population, and on the outcome of the project initiated by UNESCO to improve the literacy and vocational skills of indigenous women in Embar (report cited, pages 16-20). The Committee would be grateful if the Government would send information on the effect given to the proposal to include a chapter concerning the development of indigenous education in the draft basic legislation for the restructuring of the Panamian education system. Finally, the Committee requests the Government to supply information on the measures that have been adopted or are envisaged to take into account the comments and requests of the Fourth General Congress of the Guaymé Indians regarding education (resolution No. 4).

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee noted with interest the detailed report and additional information provided by the Government. While a certain number of points are being raised in the request being addressed directly to the Government, the Committee wishes to take special note of the approach to relations between the national authorities and the indigenous communities of the country, which appears from the report. It welcomes in particular the fact that problems appear to be settled by discussion and negotiation, including questions related to the resettlement of Indian communities when they are affected by economic development projects, and compensation for the exploitation of natural resources on their lands and participation in the benefits of such exploitation. The Committee hopes that the Government will continue to provide information in future reports on developments in relation to this Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. Article 1 of the Convention. The Committee notes the statistics concerning the indigenous population. It also notes that, according to the latest information available, the indigenous population represents 5.2 per cent of the total population of the country. The Committee hopes that the Government will supply, when possible, the new data on the indigenous population collected in the census to be conducted in 1990.

2. Articles 2 and 27. The Committee notes the activities of the National Directorate for Indigenous Policy, and particularly the reports prepared by the Directorate and its co-ordination duties in relation to the various bodies responsible for carrying out studies and projects in indigenous areas.

3. The Committee also notes the activities of the Ministry of Agricultural Development (MIDA) for the benefit of indigenous areas and their development. In particular, it notes the setting up of the Technical Executive Directorate for the Guaymí National Integrated Rural Development Plan for Indian Affairs (resolution No. ALP-12-ADM). The Committee notes that, according to the Government, the above resolution restricts the scope of activities that had originally been assigned to the Technical Executive Directorate. In this connection, it notes the Government's decision to extend once again the duties of the above Directorate, for which purpose it has formulated a draft resolution to set up the National Directorate of Indigenous Rural Development. The Committee notes that the draft resolution has been submitted to the Ministry of Agricultural Development for approval. The Committee notes that this draft makes no specific reference to the National Directorate for Indigenous Policy. In view of the responsibilities of the latter Directorate, the Committee requests the Government to indicate the relationship between the National Directorate of Indigenous Rural Development and the National Directorate for Indigenous Policy and the measures that have been taken regarding the co-ordination of the above bodies. The Committee requests the Government to supply information on the results of its work in this field and to indicate when the draft resolution is adopted to set up the National Directorate of Indigenous Rural Development.

4. In this connection, the Committee would be grateful if the Government would indicate whether the National Directorate of Indigenous Affairs still exists. The Committee notes the various bodies referred to in the Government's report and hopes that the Government will indicate in its next report whether any of these bodies is responsible for co-ordinating all the activities undertaken throughout the country affecting indigenous communities.

5. The Committee notes with interest the report on the activities of the Ministry of Agricultural Development in the integral rural development project for the Guaymí Indian areas for the period June-December 1985. The Committee requests the Government to continue supplying information of this type, as it clearly illustrates the type of activities that are being undertaken for the benefit of the indigenous communities.

6. Article 5. The Committee notes the information concerning the Integral Development Project for the Guaymí Indian Area (FIDA). In this connection, the Committee notes that during the Fourth General Congress of Guaymí Indians, held in March 1986, concern was expressed at the way in which this project was developing, in view of the fact that unilateral decisions appeared to be taken by the officials responsible for the project, without taking into account the participation of the Indians. The Committee hopes that the Government will duly take into account these observations and will take the necessary steps to ensure that Indians participate in the development of this project.

7. Furthermore, the Committee would be grateful if the Government would indicate whether it has considered the formal participation of representatives of the Indian organisations concerned in the decision-making bodies of the new Technical Executive Directorate.

8. The Committee notes that the Government has continued forwarding copies of reports on the application of the present Convention to the organisations of the Indian peoples concerned, but that it has received no comments from them. The Committee requests the Government to continue forwarding copies of its reports to the Indian organisations concerned, so that they can formulate their comments, and it hopes that it will indicate in future reports whether comments have been received in this respect.

9. Articles 11 to 14. The Committee notes that the National Directorate of Indigenous Policy is directing its endeavours, in particular, to establishing the boundaries of lands and issuing land rights to Indian peoples. It notes that these activities have been conducted, in particular, for the benefit of the Kunas group in the Comarca de San Blas and the Emberá group in Piriatí and Ipetí. The Committee requests the Government to continue supplying information on the work carried out by the National Directorate of Indigenous Policy, particularly with regard to the adoption of the Bill to create the Guaymí Comarca. In this connection, the Committee notes that during the Fourth General Congress of the Guaymí Indians, held in March 1986, reservations were expressed concerning the above Bill and a resolution was adopted on this subject. The Committee hopes that these reservations will be duly taken into consideration by the Government.

10. The Committee also notes from the information communicated by the Inter-American Indian Institute (III), that this institute has contributed to a study on the possibility of demarcating the Guaymí Comarca. In this respect, and in connection with the draft law for the creation of this Comarca, the Committee notes that the III expert who carried out the study expressed his reservations on sections 2, 4, 5, 6 and 7 of the draft, in particular, since these provisions would be contrary to Articles 11 and 12 of the Convention. The Committee hopes that the Government will take these reservations into account.

11. The Committee notes with interest the painstaking work carried out for the demarcation of the Indian reservation for the Kunas Indians of Madungandi de Bayano, by mutual agreement on 11 September 1985, when the boundaries of the area to be included in this reservation were established and the agreement concluded between the Government and the chiefs and representatives of the Kuna community of Madungandi, on 8 October 1985, for the discussion of the draft legislation to create this reservation for the Kunas. The Committee notes that the creation of this reservation originated from the Cuenca Water Project for the Alto Bayano and the construction of the Ascanio Villalaz Water Project. The Committee welcomes the seriousness of the work carried out to complete the transfer of the Kuna community of Majecito and for the creation of the corresponding reservation. The Committee requests the Government to continue supplying information on the development of this project and on the adoption of the legislation creating the Reserva Indígena Kuna de Madungandi de Bayano. The Committee also notes that in addition to the above reservation, work is going ahead on the creation of the Reserva Kuna de Ualá, Nurra y Morty in the Provincia del Darién. Finally, the Committee congratulates the Government on the work carried out on behalf of the Indians who were transferred, and in particular the Emberá Indians from Piariatí and Ipetí de Bayano, and hopes that the Government will continue supplying information on the measures that are adopted respecting Indians who are transferred.

12. The Committee notes the report of the commission set up to examine the case of the "Indians vs. the settlers of Bayano". It notes that the above commission has indicated the existence of disputes in the regions of Loma Bonita, Quebrada Calí and Puente del Río Bayano. The Committee notes the action taken concerning the settlers located in the regions referred to above, which are the areas in which the Reserva Kuna de Madungandi de Bayano would be situated. The Committee requests the Government to supply information on the action taken to resolve the disputes between settlers and Indians in this reservation.

13. With reference to resolution No. DN 171, of 5 October 1981, adopted to protect the lands set out as future comarcas and suspending the registration of land titles, the Committee notes, from the information supplied by the Government in its report, that this resolution will remain in force until the draft legislation that is under examination has been adopted to create Indian communities (the Kuna de Madungandi Reservation and the Guaymí Comarca), thereby avoiding problems with settlers.

14. Articles 16 and 17. The Committee notes with interest the work carried out by the National Vocational Training Institute (INAFORP) for the benefit of indigenous populations. It also notes the information supplied on the number of peoples benefiting from such training. The Committee welcomes the initiative taken by the INAFORP to use in its training programmes instructors from the Indian groups for which the programmes are intended, and the positive results of such programmes. The Committee requests the Government to continue supplying information on the measures taken in this field, the training programmes undertaken and their results.

15. As concerns the Cerro Colorado mining project which, according to the Government's information, is still suspended, the Committee requests the Government to indicate whether the studies and negotiations that it referred to in its last report are being continued.

16. Article 18. The Committee notes the information regarding a number of Indian co-operative industries in the fields of fishing, transport and craftwork, and particularly of Kuna, Guaymí and Waumon craftsmen. The Committee hopes that the Government will be able to supply more detailed information on the measures that it is taking or will take in this field.

17. Article 20. The Committee notes with interest the detailed information supplied regarding the health care measures taken to benefit Indians and, in particular, of the Report on the Health Care Activities and Resources for the Indigenous Population, 1987. The Committee requests the Government to continue supplying information on the projects implemented in this field and, in particular, on the Nutritional and Food Production Project for the Guaymí, Kuna and Chocoe Indians; negotiations are under way for this project to be carried out with the support of the Inter-American Development Bank (IDB). The Committee also hopes that the Government will take into consideration the observations and requests made by the Guaymí Indians during their Fourth General Congress regarding health care (resolution No. 5).

18. Articles 21 and 24. The Committee notes with interest the information supplied by the Government concerning the number of grants awarded by the IFARHU. The Committee notes that Annex 21, which was referred to in the report and which gives detailed information on the grants awarded by the IFARHU, has not been received. The Committee also notes the developments in the bilingual education system and the Report on the Bilingual Information Programme, 1975-87. The Committee notes with interest the training programmes for Indian teachers (Remote Training Programme for In-Service Teachers and the Grant Plan for the Training of Guaymí and Teribes Teachers). The Committee requests the Government to continue supplying information on the execution of these programmes.

19. The Committee notes that a number of bilingual education programmes were suspended for lack of resources (the report referred to above, page 15). The Committee requests the Government to supply information on the measures that have been adopted or that are under consideration to ensure that these programmes can continue to be executed. In particular, it requests information on whether it was possible to carry out the experimental adult literacy programme for Kunas and Ngoberes, instigated by the IDB, and on its results. It also requests information on the outcome of the literacy programme financed by the IDB to improve the literacy and vocational skills of the Indian population, and on the outcome of the project initiated by UNESCO to improve the literacy and vocational skills of indigenous women in Embará (report cited, pages 16-20). The Committee would be grateful if the Government would send information on the effect given to the proposal to include a chapter concerning the development of indigenous education in the draft basic legislation for the restructuring of the Panamian education system. Finally, the Committee requests the Government to supply information on the measures that have been adopted or are envisaged to take into account the comments and requests of the Fourth General Congress of the Guaymí Indians regarding education (resolution No. 4).

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has noted with interest the detailed report and additional information provided by the Government.

While a certain number of points are being raised in the request being addressed directly to the Government, the Committee wishes to take special note of the approach to relations between the national authorities and the indigenous communities of the country, which appears from the report. It welcomes in particular the fact that problems appear to be settled by discussion and negotiation, including questions related to the resettlement of Indian communities when they are affected by economic development projects, and compensation for the exploitation of natural resources on their lands and participation in the benefits of such exploitation.

The Committee hopes that the Government will continue to provide information in future reports on developments in relation to this Convention.