In Dialogue with Panama, Experts of the Human Rights Committee Commend Torture Law Revisions, Raise Issues Concerning Access to Legal Abortions and Discrimination against Lesbian, Gay, Bisexual, Transgender and Intersex Persons
The Human Rights Committee this afternoon concluded its consideration of the fourth periodic report of Panama on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending efforts to bring the definition of torture in line with international standards, and raising issues concerning access to safe and legal abortion and discrimination against lesbian, gay, bisexual, transgender and intersex persons.
A Committee Expert praised a Supreme Court decision expanding the legal definition of torture to include acts committed at the behest of or with the consent of a State agent.
Another Expert said that access to legal and safe abortion and the legal consequences of it was unclear. Recently, an eight-year-old indigenous child was raped and required to carry the child to term. Many reports of teenage pregnancy from rape were concerning. How would access to sexual and reproductive health be expanded? Would abortion be decriminalised?
One Expert noted that legislation to legalise same sex marriage was abandoned in 2004. Further, a recent court decision insinuated that a ban on same-sex marriage could be constitutional. Practices of “conversion therapy” to modify a person’s sexual orientation or gender identity were contrary to the dignity of lesbian, gay, bisexual, transgender and intersex persons. Often therapies took place outside of State institutions and in religious places. Would the State party develop awareness campaigns on the dangers of conversion practices?
Roger Tejada, Minister of Government and head of the delegation, said in opening remarks said that Panama was a country of transit and diversity, and rejected any act or doctrine based on ethnic, political or cultural superiority or any act that affected the exercise of fundamental rights and guarantees. Law 16 of 2002 outlawed discrimination by public institutions based on various criteria, including race, sex, age, religion or political ideals.
In the ensuing discussion, the delegation said that the President promulgated law 302 in 2022 on providing information on sexual and reproductive health education. The penal code only considered abortion for rape and pregnancies before eight weeks. The eight-year-old mentioned by the Committee was 23 weeks pregnant when detected by the State, so was not eligible to receive an abortion. She had had a miscarriage, and was assured all appropriate psychosocial care.
The prosecutor was required to protect all persons’ rights and integrity, including lesbian, gay, bisexual, transgender and intersex persons. There were no current specific protection measures for lesbian, gay, bisexual, transgender and intersex persons. A multidisciplinary commission applied the Brasilia Rules to protect such vulnerable people. Panama did not regulate conversion therapy but the Government had started to investigate reported cases to assign responsibility where it was due. Marriage between same sex couples was outlawed in 2021 following a court decision, but the decision was being challenged.
In concluding remarks, Mr. Tejada said the State party was aware of challenges going forward in fully implementing all human rights but remained serious in its commitment to do so. The process could require cultural change and would include constructive dialogues. All this was in a bid to protect the human rights of Panamanian nationals but also foreigners. Panama would respect human rights for all.
Tania María Abdo Rocholl, Committee Chairperson, said in closing remarks that the exercise was indeed an introspective one and the delegations who benefitted from it truly built on the discussion within their countries afterward. Issues discussed included follow-up mechanisms, the Ombudsperson’s office, gender equality, violence against women, elimination of forced labour, trafficking in persons, protection of human rights defenders, and free, prior, and informed consent.
The delegation of the Panama was made up of the Ministry of Government, the Ministry of Social Development, the Ministry of Labour and Social Development, The Ministry of Foreign Affairs, the National Secretariat for Disability, the Public Prosecutor’s Office, the National Secretariat for Children, Adolescents and Family, the Electoral Tribunal, the Supreme Court of Justice, the National Secretariat for the Development of Afro-Panamanians, the Ministry of Economy and Finance, the Ministry of Public Security, the Ministry of Health, the Ministry of Education, the Ministry of Environment, the National Institute for Women; and the Permanent Mission of Panama to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-seventh session is being held from 27 February to 24 March. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m., Thursday 16 March to present follow-ups to concluding observations and Views.
Report
The Committee has before it the fourth periodic report of Panama (CPR/C/PAN/4).
Presentation of the Report
ROGER TEJADA, Minister of Government and head of the delegation, said Panama had ratified the International Covenant on Civil and Political Rights through its Law 14 of 1976, as well as its two Optional Protocols and had sought to advance their implementation through judicial and legislative measures. Further Panama accepted visits from all independent experts and working groups of the Human Rights Council. Panama’s Constitution guaranteed freedom, democracy, institutional stability and human dignity. The country considered self-determination to be an inborn, fundamental right. In efforts to strengthen citizen participation and coexistence within the framework of the rule of law, a "Closing the Gaps" Bicentennial Pact initiative was implemented. 175,000 citizen proposals, translated into 187 agreements that reflected the aspirations of Panamanians to achieve the Sustainable Development Goals, combat poverty and inequality as priority issues on the national agenda. Panama sought to prevent human rights violations and guarantee peace through institutional accountability. To that end, decentralised institutions had been established, such as the National Secretariat for Children, Adolescents and Family, the National Secretariat for Disability, the National Institute for Women, and in 2019 the Ministry of Culture.
Panama was a country of transit and diversity, and rejected any act or doctrine based on ethnic, political or cultural superiority or any act that affected the exercise of fundamental rights and guarantees. The rights of the seven indigenous peoples, along with their customs, languages and territory, were guaranteed. The Comprehensive Development Plan for Indigenous Peoples had been implemented as a mechanism to achieve effective participation in the growth and development processes of the country, through lasting agreements adopted through consultation and free, prior and informed consent.
Law 16 of 2002 outlawed discrimination by public institutions based on various criteria, including race, sex, age, religion or political ideals. Panama responded to the COVID-19 pandemic with aplomb. Hospital capacity was increased greatly and healthcare was free and available to all. During the pandemic, the “Colmena” plan guaranteed social protection to the most vulnerable. Cash transfers were also available under the Panama Solidarity Plan, benefiting more than 1,300,000 Panamanians. The plan would be valid until April 2023.
Panama signed the Global Compacts on migration and refugees in 2018. The support of the international community and the shared responsibility of the countries that were part of the chain of origin, transit and destination. During the pandemic, some migrants were housed in the temporary humanitarian assistance stations; a measure that was considered necessary, reasonable and proportional. Further measures had been taken to combat the formerly silent crime of human trafficking. Through the National Commission against Trafficking in Persons, perpetrators had been punished.
The Darién region was of utmost importance, both for its value to the indigenous population and Afro-descendants and for its biodiversity. To protect it and the carbon-negative status of Panama, the country would transition into mainly wind, solar and other renewable energies.
Mr. Tejada reaffirmed Panama’s commitment to working to implement international standards across all State actions, as doing so would be the most effective way to guarantee a transparent country free of corruption and respectful of the rights of all its inhabitants.
Questions by Committee Experts
A Committee Expert asked if there were specific mechanisms created to implement the Committee’s concluding observations? Were there examples of national courts referring to the provisions of the Covenant? What information was available on the training of judicial officials or awareness raising among the population about the Covenant and its implementation in the law?
Was information available on the process to appoint the Ombudsman or for their removal? Was civil society able to participate in elections for the Ombudsman? The Ombudsman’s Office was downgraded to B-status by the Global Alliance of National Human Rights Institutions. What steps would the State party take to bring the office in line with the Paris Principles? Had the budget been cut? Would the Office be fully funded to fulfil its mandate?
Another Expert recalled a human rights violation during the military dictatorship. It remained unaddressed in the State party report. What steps were taken to ensure that all cases of serious human rights violations including those documented by the Truth Commission were investigated, the persons responsible brought to justice and the victims compensated? What was the statute of limitations on such violations?
A Committee Expert asked about two cases of two enforced disappearances which remained unaddressed. The first was Heliodoro Portugal, the subject of a judgment by the Inter-American Court. Remains were found on two separate occasions over the last twenty years, but forensic examinations could not confirm their identity. What prevented the authorities from identifying the remains and offering a concrete response to the relatives so they could finally grieve?
The case of Rita Ward, another pending case, was also of concern. The Truth Commission was stopped following a friendly settlement and then was started up again in 2018 following the end of the friendly settlement. Why had the Commission terminated the procedure and what was its status?
Legislation to legalise same sex marriage was abandoned in 2004. Further, a recent decision insinuated that a ban on same-sex marriage could be constitutional, which would conflict with the Inter-American Court’s position. Could the delegation address this?
More than 80 per cent of female domestic workers were in the informal sector because wages for domestic labourers were lower than in other industries, which created a “spiral” of discrimination for Afro-descendants and indigenous persons. Keeping a population in poverty was a political choice, just as taking them out of it was also. Discrimination against Panamanians of African descent was a major issue. There was a commission that addressed this issue tied to the Ombudsman but there was a lack of resources and political will. Reportedly, no complaints had been received but discrimination was suffered at work, in interaction with the police and in other contexts. What concrete measures had been taken to address this? How would racist profiling by security forces be ended? Was hate speech sanctioned in Panama? While the largest percentage of voters or women, they were underrepresented in government and even reducing. Would reform promoting electoral parity be implemented soon? How would harassment of female political leaders be dealt with?
A Committee Expert noted with satisfaction the main international instruments including regional instruments integrated into Panamanian law. Were updates available on the plan to fight discrimination? What information was available on cases of discrimination, perpetrators, sentences handed down and victims’ reparation? Discrimination based on sexual orientation was outlawed but the national police still had internal regulations that made homosexual relations a serious offence. Such regulations led to a normalisation of stigma of lesbian, gay, bisexual, transgender and intersex people. Could the delegation address this? Further, reports had been received of discrimination against persons living with HIV. How was the State party combatting discrimination in this regard?
Since 2016, transgender persons in the State party could legally change their gender on identity cards, but only following gender reassignment surgery and a medical exam, which was not in line with international human rights practices. Practices of “conversion therapy” to modify a person’s sexual orientation or gender identity were contrary to the dignity of lesbian, gay, bisexual, transgender and intersex persons. Often therapies took place outside of State institutions and in religious places. Would the State party review legislation to allow people to change gender identity without surgery or medical exams? Would it consider prohibiting dangerous conversion therapies? Would the State party develop awareness campaigns on the dangers of conversion practices to eradicate these practices?
Confinement related to COVID-19 disproportionately affected women, people with disabilities and victims of domestic violence. Could the State party address confinement’s discriminatory effects, in particular on transgender people, and measures taken to mitigate such effects?
The recently ratified article 12 of the Constitution allowed for the refusal of naturalisation for persons with disabilities. Would the State party review this? What processes had been taken to allow persons with disabilities to benefit from all disability policies and projects?
Another Expert noted the establishment of the Gender Equality Commission as well as an online platform to gather data from different businesses on working from home. What information was available on mechanisms to implement laws guaranteeing gender equality and non-discrimination? Requesting a pregnancy test was an illegal hiring practice, but reports indicated it was still occurring. Further, contracts were reportedly cancelled for pregnant women. This affected not only the mother but also the rights of the child. Could the delegation address this? The underrepresentation of women in decision-making positions in both the public and private sectors was concerning. What measures had been taken to reverse these figures and to reduce the wage gap?
Responses by the Delegation
The delegation said that the Supreme Court had issued many rulings that were based on the Covenant. For example, in a habeas corpus case in 2014, a person was freed. An executive decree was also declared null and void because there was a reform of the organic charter of a community without the participation of that community. Between 2016 and 2022, 101 awareness raising and trainings on the international and Inter-American systems were carried out for judicial members, including judges and prosecutors. Civil society actors were also invited to these trainings. There were also courses available on gender equality, sexual and reproductive rights, trafficking in persons and human rights, and making family rights constitutional.
Currently, despite the data not being disaggregated, the prosecutor had to protect any person’s rights and integrity, including lesbian, gay, bisexual, transgender and intersex persons. There were no current specific protection measures for lesbian, gay, bisexual, transgender and intersex persons. A multidisciplinary commission applied the Brasilia Rules to protect any such vulnerable people.
A special appointee followed up on cases of human rights violations occurring during the dictatorship. 110 cases had been reported previously, 77 had been brought to trial and 4 were pending. The health conditions of some defendants had prevented trials. Some had refused their status as a defendant. Through regional cooperation and genetic research, another victim had been identified. The case of Heliodoro Portugal was addressed in 2008. A reburial had been requested and the remains had been identified by the court of criminal affairs. In 2022 they were made available to the family. Legal fees were paid by the State. The defendant standing trial was declared innocent. The State party had requested the Inter-American Court to declare this case completed. The Inter-American Commission stated that a settlement had been reached and the State party was weighing the merits in the case of Rita Ward.
The previous Ombudsman was removed in 2019 following a trial and with the vote of two-thirds of elected members of parliament. The State party was expecting a report on the previous Ombudsman’s alleged violence against women. Based on these allegations, the State had determined that the previous Ombudsman was not appropriate to fulfil the office’s mandate. Civil society would participate in the election of a new Ombudsman.
Law 7 of 2018 adopted measures to prevent, prohibit and sanction all acts of discrimination. In the public and private sector, termination of posts would follow convictions on discrimination. There were also third-party responsibility provisions.
Panama was making progress through legislation on preventing all forms of political violence against women. The Government would establish harassment or bullying of a woman or their family members running for office as a standalone crime. Prison terms were possible for such violations but no data was available yet.
The March 2021 law 325 established a Women’s Ministry to incentivise women’s participation in political life. Panama implemented the National Salary Plan 2022-2025 to close the wage gap. The plan was aligned with the regional agenda to combat poverty in all sectors. A fund for domestic workers had been established. The Government had recorded 150,000 domestic workers in the State, of which 14 per cent were men. 41 per cent were nationals and the rest were foreigners. An awareness raising campaign targeting domestic workers was implemented to educate them on their labour rights and put them in contact with unions.
The development plan for indigenous persons promoted their empowerment. A coming stage would evaluate the plan’s design, following interviews with 11 indigenous leaders. Currently 300 programs were underway with the participation of many Government bodies.
Panama did not regulate conversion therapy but the Government had started to investigate to assign responsibility where it was due. Care was provided for pregnant women. In 2021, the support system was bolstered.
To prevent and eradicate violence, trainings were available on human rights for the police, border and customs forces. Episodes of discrimination were sanctioned. To date, 337 complaints of violence by public officials had been registered, of which 132 were investigated and 117 were dismissed for lack of proof. Four had gone before the disciplinary committee. Though article 22 of the Constitution allowed for the denial of naturalisation of persons with disabilities, no such requests had been denied.
During the COVID-19 pandemic, there were guidelines issued for care and information was delivered electronically to persons with disabilities. Further information was available for persons with hearing disabilities.
On 8 March, the President adopted a law turning the the National Women’s Commission a Ministry. The Ministry kept a record of gender parity and, within the justice system, there were many women in decision-making positions.
Follow-Up Questions by Committee Experts
A Committee Expert asked for more information regarding human rights violations during the military regime. Where did the figure of 110 cases involving human rights violations come from? During the military invasion of 1989, there was one victim identified based on genetics tests thanks to collaboration with Guatemala. Had the victim been confirmed and would others be identified? Only one victim identified seemed inadequate.
Another Expert asked why the Inter-American Commission brought the amicable settlement to an end in the case of Rita Ward? This was uncommon. What more information was there on the investigation or on Rita Ward’s whereabouts?
The establishment of a Women’s Ministry was laudable, but how had parity been brought into legislation? How had women’s rights been protected for domestic workers? Could the delegation address the 2021 law banning adoption of children by same-sex couples?
Another Committee Expert asked if the State party would prohibit conversion therapy and any other practice without scientific or medical basis? What measures were taken after an application for naturalisation was denied? What further information could be provided regarding the responsibility of businesses to employ persons with disabilities? How would the Government ensure compliance with this legislation?
A Committee Expert asked about the firing of the former Ombudsman. A provision in Panama’s organic law to remove the Ombudsman for malpractice was acknowledged. More information was requested. There was a bill to reinstate the Ombudsman but what was its status?
Responses by the Delegation
The delegation said that the number of 110 cases was taken from the Truth Commission. Some did not continue to the plenary level because remains had not been found. The forensics office had received some remains and genetics tests would be conducted. 50 remains had been found but laboratories did not meet requirements to identify them conclusively due to the age of remains. Panama therefore had to call on laboratories in other countries to carry out investigations.
In the case of Rita Ward, one of the parties didn’t give their consent, so the process came to an end.
Marriage between same sex couples was outlawed in 2021 following a court decision, but the decision was being challenged. The final decision would be made on 14 March. Political parties were required to adopt mechanisms ensuring gender parity. There was to be one man and one woman candidate for each position.
332 complaints relating to abuse of domestic workers had been carried out. The Government established an online complaints platform as well as a hotline. More than 40,000 inspections had taken place since 2018 and over 270,000 sanctions had been issued. A 2021 Law stated that all maternity leave had to be paid for by the State. A 2002 law established that asking for proof of non-pregnancy was illegal in hiring and the Ministry of Labour had sanctioned 14 employers so far within the framework of a 2008 discrimination law. Law 56 of 2017 established a 30 per cent quota for women’s representation in decision-making positions. The most recent assessment indicated an increase of women in decision-making positions, from 16.3 per cent in 2016 to 22.5 per cent in 2018.
Questions by Committee Experts
A Committee Expert noted significant achievements in combatting violence against women, specifically intimate partner violence, and in creating laws criminalising specific offenses such as discrimination against women. Other laws prevented political violence against women, and bill 901 amended legislation to correct a legal loophole. Would a specific court be established to try these cases? Legislation obligated the State to provide specialised, multidisciplinary assistance to victims and children, but data was lacking. Was data available on the comprehensive assistance provided and the outcomes obtained as a result to these laws? Did judges and prosecutors receive training on gender bias and tools to overcome it? Law 82/13 established specialised courts and prosecutions to prosecute crimes against women. Was it being implemented? How would technology play a role in protecting female victims of violence? Could a father who committed acts of violence be prevented from gaining custody of children? Sometimes there were agreements between the accused and the police to reduce sentences. Would such agreements be limited by new legislation? Article 62 of the law provided for shelters ensuring security for women and their children. How many shelters existed and how many women had benefitted from their services?
In 2021, in the Darien area, over 300 cases of violence had been recorded against those belonging to the lesbian, gay, bisexual, transgender and intersex community. A special prosecutor had been appointed to investigate these cases. Victims were compelled to remain in the forest to press charges but they clearly preferred to leave the area. Had any mechanism been put in place and evidence collected so that the adversarial principle would be respected?
Reports indicated that violence against women had grown exponentially. There had been an increase in sexual violence and children were particularly affected. How had law 82/13 prevented these acts?
Though the judicial system was supposed to be independent, corruption was commonplace. There were interim judges appointed by magistrates who were themselves appointed by the executive, which produced conflicts of interest often. How were judges appointed? Who decided on promoting magistrates to the Supreme Court? How was judicial tenure regulated? What specific figures were available on trials against judges for corruption? What were their outcomes and were there numerical statistics on the subject? Reportedly, the budget for the justice system had decreased. Could the delegation address this?
Another Committee Expert noted that the judicial ruling on same sex marriage ran contrary to the Covenant—this decision constituted discrimination based on sexual orientation. Was the text of the ruling available? Could the delegation address this directly?
Access to legal and safe abortion and the legal consequences of it was unclear. Information indicated that there were cases of forced sterilisation of indigenous women and women with disabilities. Further, a woman seeking sterilisation was required to have had two children and be of at least 23 years of age. This violated the principle of bodily autonomy. Access to safe and legal abortion was sparse as it was criminalised. Recently, an eight-year-old indigenous child was raped and required to carry the child to term. Many reports of teenage pregnancy from rape were concerning. What measures were being taken to end the practice of forced sterilisation of indigenous women and women with disabilities? What actions would be taken to end discrimination against women who sought sterilisation voluntarily? How would access to sexual and reproductive health be expanded? Would abortion be decriminalised?
Pretrial detention was used extensively without proper judicial safeguards. Could the State party provide more detailed information and statistics on this issue? What was the average length of pretrial detention? What measures were taken to separate the detained from convicted detainees? What follow-up was given to the Working Group on Arbitrary Detention decision 47/2019 in the case of Ricardo Martinelli v. Panama in which it, noting the deficiencies of the judicial guarantees during pretrial detention, concluded that it was arbitrary? Prison conditions were concerning both in terms of infrastructure but also overcrowding and reports of sexual violence by the guards. How would the State party commit to improving prison conditions, especially for migrants? What measures were taken to align prison conditions with the Covenant, combat prison overcrowding and prevent all violence, including sexual violence?
A Committee Expert sought information on the elaboration of a definition of torture in line with the Covenant and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee against Torture noted in 2017 that the definition of torture was incomplete in the penal code because it left out torture committed by third parties at the behest of a Government representative. The statute of limitations was also concerning. Could the delegation address this? What were examples of trials for torture and mistreatment in the past five years? More information was requested on the national torture prevention mechanism under the Ombudsman’s office.
Another Committee Expert recalled the 2010 violence and excessive use of force in the Ngäbe-Buglé indigenous region following protests against mining in the region. Excessive use of force had been reported following the teacher’s union’s protests in 2022, which grew into the largest protests in the country since 1989. This growing trend in police enforcement was concerning. Was there information on possible investigations regarding the excessive use of force by authorities, sentences imposed and reparation to the victims? What disaggregated data was available on the victims, specifically those of African descent? It appeared the police had started operating as more of a security agency. The United Nations Agency against Drugs and Crime had already recommended to the State Party to strengthen and diversify the capacities of the police force. What steps had been taken to address this? What were the salaries for the police, and what permanent training was offered to them?
Another Committee Expert noted with satisfaction Panama’s ascension to instruments to combat trafficking in persons. However, legislation needed to be reviewed to redefine trafficking in the law so that law enforcement could sufficiently investigate trafficking cases and victims. Article 456 of the law did not address sex trafficking nor trafficking in labour. What information was available on measures to delete “movement” as a required condition of trafficking in the penal code? What impact did the awareness campaign organised by the legislature on trafficking in persons have across sectors of police, the judicial and others? What other measures had been taken to prevent and eliminate this scourge? What was the scope of trafficking in the country and what training was offered to police on the subject? How was reparation and reintegration for victims ensured? What disaggregated information was available on trafficking in persons by gender, by region and age?
Responses by the Delegation
The delegation said that prison overcrowding would be reduced through building and renovating prison facilities. In 2021, a significant well had been connected to a prison facility. It was not sufficient, so a 1.5 million gallon water tank was installed in 2022. More than 60 per cent of the prison population had benefitted from this measure. In Punta Coco specifically, measures were put in place to ensure detainees’ human rights. A decree by the Ministry of the Interior called for changes in the Punta Coco prison and to transfer some of its detainees, but a ruling decided that the persons detained there were dangerous and would not be transferred. The Punta Coco prison received water by air transfer. Prisoners were separated according to age and gender. The State recognised the problem of overcrowding and the President agreed that this year in the third quarter, two new prisons would be built with a combined capacity of 5,500 detainees. A women’s prison was also planned for as well as another maximum-security prison, to which some prisoners from Punto Coco would be transferred.
Use of force and firearms by security forces was regulated by legislation and rules in compliance with international standards. Hierarchal superiors were responsible for guiding their officers on the subject. The department of internal affairs had received complaints specifically against Afro-descendant people. In some cases, immunity had been granted, and other cases were under investigation. No trials had produced a conviction. There was no “inverted pyramid.” Ongoing training programs approved by the Government and the University of Panama were in place. Thousands benefitted from measures of protection. The 2017-2022 National Plan on Trafficking was being implemented, which increased cooperation between institutions to sanction the crime. Citizens could submit anonymous tips.
In March 2022, the Inter-American Court convened a field visit in the Darien Province followed by a private hearing. The State proved that the institutional work carried out in the Darien Province had benefited migrants. Shelters, medical attention, baby food and other services were offered to migrants without discrimination. Interim shelters were not places of deprivation of liberty. They were run by civilians and were visited by humanitarian organisations. The State party would continue to provide persons in a situation of mobility with support.
Persons deprived of liberty had a right to health. Guidelines on providing healthcare and mental health were available for persons with tuberculosis and persons living with HIV. More than 58,000 instances of medical intervention had occurred. 92 per cent of persons living with HIV received anti-retroviral medication. 90 per cent of persons with tuberculosis had been cured. The Ministry of Health had established regulations for migrants. More than 70 staff members had been trained and more health workers would be in future. A plan to reduce adolescent pregnancy was implemented. A significant decrease in adolescent pregnancy, from 37.9 per cent in 2018 to 26 per cent in 2021, was observed.
Statistics showed that the number of persons deprived of liberty without a sentence had decreased. Pretrial detention also decreased and measures other than pretrial detention were used. Pretrial detention accounted only for 24.8 per cent of measures in 2021 and only 22.8 per cent in 2022. Others included prohibition to leave the country, prohibition to visit specific places, house arrest and electronic tagging. Pretrial detention could not exceed one year, except in complex cases in which three years was the limit. Judges were appointed by a rigorous and competitive exam. In 2019, the first open competitive exam was held. The court of integrity and transparency was established to sanction offenses committed by judicial officials. No special courts for violence against women existed, and in regulatory terms there was no prohibition on husbands or partners who were violent having access to their children.
The President promulgated law 302 in 2022 on providing information on sexual and reproductive health education. Another law ensured a life free of violence in educational institutions. 1,135 cases of violence in educational institutions were reported and 35 per cent were within the indigenous community. The Ministry of Health and Ministry of Education would work together to reduce these rates further.
The penal code provided for the specific crime of torture. Four elements constituted such a crime. The State party did comply with the previously stated definition on torture, including acts committed at the behest of a third party. This was also validated by court decision.
Legislation on violence against women was applied across all sectors. From 2014 to 2016, the investigative system looked into 21, 34, and 16 cases in each respective year. In 2018, there were only 8 cases and so the investigative system was closed. It had since been reopened and now had 20 cases. Information for women on their protection were handed out by domestic violence and femicide units. Protection measures were applied by specialised prosecution services for cases of violence against women. A special protection unit existed for women working jointly with investigative services.
A high-level commission was discussion electronic tagging through inter-ministerial round tables. Psychological support was given to more than 7,400 women and over 2,000 victims of domestic violence. The “You are Not Alone” campaign also had a wide-reaching effect.
There was a constant increase in the budget for the Ombudsman. In the past two months, the office had worked on 274 cases. It had also issued “symbolic rulings” identifying public officials who had acted outside human rights standards or in a hostile manner. 12 reports were submitted to the supreme court by the Ombudsman and dialogues were carried out with indigenous groups and cooperatives. Advice was provided in terms of public policy.
There had been a crisis in the country in 2022, but a sincere dialogue had been carried out to establish over 100 agreements and guarantee human rights, freedom of association and expression.
Follow-Up Questions by Committee Experts
A Committee Expert said asked about the call for judges. Was it published in the gazette? Could the delegation provide an example? As over 60,000 measures had been adopted to protect women, how was compliance ensured? A commission was created on electronic tagging. When would a law on the use of this device be issued?
Another Expert inquired about current measures being drafted to address the gender gap. What was the Panama’s position on persons housed in migration centres? As people housed there were not formally deprived of liberty, they did not have access to legal assistance. What was the legal status of these persons de facto deprived of liberty but not recognised as detained?
Another Expert asked for more information on the Ombudsman’s activities between January and February 2022. There was a need for a close relationship with civil society organisations, who had pointed out the Ombudsman’s absence or weakness in recent years. Clearly it was not because of budgetary concerns but a lack of cooperation between the office, the Executive and civil society organisations, as well as media and the population. How could this be improved, given the increase in the number of persons who needed protection?
Another Committee Expert asked if the State party could consider expanding the scope of the legal definition of trafficking?
Another Expert noted the response of the delegation that missing elements were incorporated into the definition of torture based on a decision in the Supreme Court. This development was praiseworthy. Would the State party consider modifying the penal code itself to bring it in line with the court decision and the Convention on Torture?
Responses by the Delegation
The implementation of electronic tagging was planned for May 2023. The Advisory Committee was overseeing it. In January 2022, a pilot programme for bracelets was started, and the programme had been successful.
The recruitment call for the three hundred judges was available to all through a public webpage. There was a five-step process for appointment. Once someone had gone through the five steps, candidates with the highest points would be appointed first. There were psychological tests, training tests and a meeting with the board, and each step was scored out of twenty points.
Law 82 of 2018 created the specialised domestic violence unit within the police force. One duty was to ensure that protection measures were upheld through visiting victims and verifying the protection measure and then reporting on it. Protection measures would be changed to suit circumstances as needed.
Panama was determined to reject all forced sterilisation, following a report of the Ombudsman on forced sterilisation of indigenous women. Patients later indicated that they did sign a consent form. The administrative office was responsible for ensuring compliance.
The penal code only considered abortion for rape and pregnancies before eight weeks. The eight-year-old mentioned by the Committee was 23 weeks pregnant when detected by the State, so was not eligible to receive an abortion. She had had a miscarriage, and was assured all appropriate psychosocial care.
The Inter-American Court called on Panama to implement protective measures in 2020 because of allegations describing the migrant shelters as detention centres. In temporary shelters, there were no detention conditions. This could be corroborated by civil society organizations and international organisations in the Darien province.
The Paris Principles were important to Panama and the Ombudsman was working to modify law 7 of 1997 improve its scope. It was working with the Office of the United Nations High Commissioner for Refugees as well as a consultant from the International Organization on Migration to address budget issues, among others.
A commission met regularly to draw up a roadmap on addressing trafficking in women, specifically looking at the Darien area, a heritage site. Panama was taking complaints of human trafficking seriously. It would be an example in the world. The three branches of Government provided State services at the border region, and new offices would open there to provide additional services to those in the region.
Questions by Committee Experts
A Committee Expert asked if the delegation could provide information on judicial safeguards for people with disabilities in the justice system? Racial profiling within the justice system, as well as the disproportionate severity of sentences issued to racial minorities, was of concern. Could the delegation provide number of convictions for people of African descent versus those of mestizo or white descent? Rubber bullets were used at a protest against a development of a hydroelectric plant held by the Ngäbe indigenous people. What were the inherent biases against indigenous people in the justice system? There was a specialised office that handled offences committed by indigenous people. How did it function?
Another Expert asked for information on the number of the complaints received on harassment of human rights defenders over the past five years, including defenders of indigenous persons and ancestral lands. What measures had been taken to protect them? Would there be specific witness protection measures for them?
What information was available on guarantees on freedom of expression in the Constitution? Were they in line with the Covenant? Reports received by the Special Rapporteur on freedom of expression indicated that journalists were subject to criminal proceedings for sharing information of public interest. Could the delegation address this? What was the status of libel law in the country? Reportedly, four investigations took place for liber or slander against journalists. What information was available on these?
What legislation had the State party adopted to guarantee the right to free association? The right to organise trade unions seemed to be restricted. Could the delegation address this? The Inter-American Commission on Human Rights reported on violations affecting the right to peaceful assembly occurring during the 2021 demonstrations. Could the delegation address this?
Another Expert expressed satisfaction regarding the development of legislation relating to refugees, specifically the adoption of a 2018 decree defining protections for refugees. Of note was the granting of the right to lodge an appeal for review before the National Commission for Assistance to Refugees and an appeal to the Minister of the Interior when refugee status was not granted. Were there examples of appeals lodged and positive or negative decisions?
Reports indicated that at least 39 migrants had died following accidents. What investigations were underway into the deaths? How would access to justice be guaranteed and reparations for families be appropriately distributed? There were other concerning reports of unsanitary conditions and overcrowding in camps for refugees and asylum seekers in the Darien region, as well as of them being subjected to security checks. What was the status of the agreement between Panama and Costa Rica on the control of the flow of persons? What measures were taken for the protection and integration of migrants placed in the custody of these States within the framework of the Central American Integration System?
Another Expert inquired about corporal punishment for children. Why had it not been eliminated from the Family Code? Were there statistics available on complaints in this regard broken down by year? Efforts to eradicate child labour were noted by the Committee. Were there statistics relating to this phenomenon? What did the State party mean by “rescuing” these children? Could the delegation provide statistics on children in street situations, on economic and sexual exploitation of children and on sanctions for perpetrators? Efforts to register births by the State party were notable. Was there more information on this process?
The new adoption law was approved but there were complaints of sexual abuse and physical and psychological mistreatment of children and adolescents, some of them with disabilities, in shelters with a population of approximately 1,200. What was the status of investigations into these abuses?
Efforts to uphold free, prior and informed consent were noted but implementation was lacking, specifically around hydroelectric projects. Had progress been made in implementing the special procedure for the adjudication of collective land ownership of indigenous peoples not within the comarcas so that they could preserve their traditional ways of life? What measures were put in place to prevent third parties from settling or logging illegally on the lands? What information was available on the demarcation and titling of the collective lands of the Emberá, Wounaan, Kuna, Buglé, Ngöbe, Naso and Bribi indigenous peoples? What information was available on the Barro Blanco hydroelectric project and the four power lines project, the consultation process carried out and these projects’ implications on the Ngäbe-Buglé community?
Responses by the Delegation
The delegation said that the State party ensured that sign language interpreting was available in the justice system. To date, 493 interpretations had been carried out in court. New courts had been established in indigenous areas to reduced travel for indigenous persons. The public defender had issued a report on indigenous access to courts.
Criminal legislation included crimes against honour, including libel and slander. Opinions and academic expression were not considered as defamation if they related to the exercise of the functions of journalists and academics. Six cases were brought against the four journalists who the Government believed were “communicating with the people”. Four were archived but two were being preliminarily investigated.
Decree 62 of 2017 ensured freedom of association. The decree regulated association and non-governmental organisations, in addition to religious and other organisations. Over 1,000 organisations were officially recognised by the Government.
The Government recognised the decade of people of African descent with its three pillars of recognition, justice and development. Law 64 of 2016 established the national secretariat for black people. 30 May was the national day for black people in Panama and in 2022, by executive decree, an award for an Afro-Panamanian man or woman was established. Cultural and historic contributions were beginning to be included in school curricula. According to a census, 34 per cent of the polled population self-identified as being an Afro-descendant. Further, the State party would ratify the Inter-American Convention against Racism, racial discrimination and related forms of intolerance.
A decree and labour code guaranteed the right to organise associations. 912 trade unions were registered in the country and 475 were currently active. 437 were not. Any organisation that had not had a meeting in over five years was considered to be inactive. 13 private sector unions were allowed to organise in the past five years. In the banking sector, no request had been received to establish a trade union. Since 2018, no trade union had been closed by the Government.
Panama had put in place different strategies to meet the needs of refugees, resulting in a decrease in unprocessed applications. 21,659 applications had been received since 2018. 7,962 were still pending. Applicants were from Nicaragua, Venezuela, Columbia, Cuba and Panama’s neighbours to the north. 244 applications had been received in in the past six months. 2,500 refugees were accepted since 2021 under law 74 of 2013, allowing the asylum seeker to opt for permanent residency in the country. 8,752 applications had not been admitted because their basis was not reliable.
The national police carried out an eviction in the Barro Blanco community in 2021. The inhabitants of the building resisted violently, throwing stones, bottles and homemade bombs. The police were obliged to react with non-lethal force, including rubber bullets. Three investigations had been filed, and two had been closed. No applicants had presented themselves for one investigation, and for another the responsible party could not be found.
At the Darien Gap, accidents caused 39 deaths. Panama’s approach to the cycle of human mobility was couched in humanitarian considerations and there was no so-called militarisation. The International Organization on Migration report of 2020 noted that the border service was present, was knowledgeable of the area and was a stakeholder in the protection of peoples in the area. The Organization had even established a centre in the region to protect vulnerable persons. Panama was the only country in the region where these people had a legal status of “vulnerable people”. More than 200 Panamanian citizens were hosting more than 4,000 migrants in the regions. More than 13 organisations were in the region, ensuring the proper humanitarian treatment of the migrants. More money was dedicated to the proper care of migrants than to the country’s own citizens. The bus accident resulting in the deaths of 39 migrants was tragic and the country wept for those deaths. 15 Panamanian citizens were also killed in a recent bus accident. The buses for migrants were fully compliant with safety regulations and able to carry out these transfers. Cooperation with Costa Rica helped to prevent human trafficking.
12 consultations took place with indigenous persons. Illegal logging was being addressed and a meeting in the Ngäbe-Buglé region would take place soon. 22 agreements on collective rights existed in relation to demarcation of ancestral lands. Seven technical reports were submitted on the occupation of collective land. Progress had been made to uphold State commitments with indigenous populations. Roads, hydroelectric plants and health services would all be expanded. All of these services impacted indigenous lands and therefore input and opinions of the concerned groups were sought throughout the process.
Children were removed from institutions because it was the right of children to live with their families. The “coherent family” programme would be strengthened. In 2020, a law was adopted for comprehensive protection for the rights of children. Corporal punishment was criminalised under this law. The law also guaranteed children a life free from violence. Preventative campaigns were available online and had been accessed by thousands of persons. An informational hotline was also available. An executive decree from 2014 protected early childhood. More than 95 projects of non-governmental organisations relating to vulnerable parts of the population were subsidised by the Government.
Panama was committed to combatting child labour. There were 33,000 cases of child labour recorded in the latest survey, but there had been a decrease. A census of the detainees in the prison system would be carried out, the results of which would be shared with the Committee.
Follow-Up Questions by Committee Experts
One Committee Expert asked about the makeup of the specialised tribunals on indigenous affairs. Who were the judges? As for the Barro Blanco incident, what was the status on the third case? How did the prosecutor’s office for indigenous affairs function? What were some preliminary results?
Another Expert asked about how asylum requests were processed. How long did processing take? A high backlog of cases was concerning. Had the security of migrants been increased, especially in the Darien forest? What was the status of investigations of violence against women migrants and possible mass graves?
Reportedly, 40 persons minimum were required to form a union. Was this true?
How did the State party ensure that the right to peaceful assembly remained unhindered?
Another Expert noted that 1.2 million children were in institutions, so rehousing efforts were welcomed. How long did the adoption process take? Was the foster family system temporary? What was the long-term plan?
Responses by the Delegation
The delegation said the filed Barro Blanco case had been forwarded to the appropriate body of the Ministry of the Interior.
Judges took a competitive exam and in the first quarter of the year, a information on the exam was transmitted in the seven indigenous languages. Judges were required to speak the language of the region they would serve. Training was provided for indigenous lawyers to prepare them for the exam.
Specialised prosecutors were assigned to specific regions. They were also in charge of receiving complaints and issuing protection measures for victims. Further, they were involved in evictions. Over 200 cases of domestic violence cases were brought to them. These prosecutors might cover more than one area if an office had not been established in another area.
Panama had been one of the strong voices for protecting the rights of those crossing the Darien National Park. It was wild and difficult to cross. A complete list of the 63,000 persons was requested from Columbia but it had not yet been received. Over 100 rescues had been carried out in the region. In 2021, a memorandum of understanding between the Ministry of Security and the United Nations system was signed to better serve the migrants in the area. More than 60 million United States dollars was invested by Panama on migrants. International organisations’ contributions had been minimal.
Three complaints were registered following the events in Barro Blanco. One was archived because the complainants had not presented themselves, another was archived because it could not be determined who had wounded the police officer and the third prosecution was underway by the Chiriquí prosecution.
There was no established timeline for processing of asylum applications. The deadline defined by the National Service of Migration was six months. The national commission for refugee protection met every two months in ordinary sessions to ensure prompt response time. Extraordinary sessions had been added to further expedite the process. Applications issued in airports, from border regions or by children were dealt with immediately.
40 workers were indeed required to form a trade union. The rule provided the opportunity for unions to be formed across all sectors. Public sector unions were allowed. The Authority of the Panama Canal had two unions but strikes were prohibited by constitutional decree, however a special arbitration mechanism existed. The Minister of Labour was in Geneva this week to consider ascension to International Labour Organization Convention 109 on indigenous peoples.
Panama was committed to deinstitutionalising children and ensuring tangible results relating to alternative care. The deinstitutionalisation unit was in charge with an overhaul of the system. Institutions were a last option. The foster family programme had been boosted. The foster programme promoted the participation of civil society in care. Appropriate standards were defined for foster families and technical assistance was provided by United Nations Children’s Fund and the Lumos organisation. Lumos also produced a book on technical operational guidelines and trainings for foster families.
Closing Statements
ROGER TEJADA, Minister of Government and head of the delegation, in concluding remarks, thanked the Committee for the essential dialogue. The delegation was aware of challenges going forward in fully implementing all human rights but remained serious in its commitment to do so. The process could require cultural change and would include constructive dialogues. All this was in a bid to protect the human rights of Panamanian nationals but also foreigners. Panama had faced challenges arising from dictatorships and, just as in the past, the country would continue with positivity. Panama would respect human rights for all.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, said in closing remarks that the exercise was indeed an introspective one and the delegations who benefitted from it truly built on the discussion within their countries afterward. She welcomed the delegation’s discipline in abiding by time constraints. Issues discussed included follow up mechanisms, the Ombudsperson’s office, discrimination against the lesbian, gay, bisexual, transgender and intersex community, gender equality, violence against women, sexual and reproductive rights, abortion, torture, elimination of forced labour, trafficking in persons, protection of human rights defenders, and free, prior, and informed consent.
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CCPR23.007E