The Human Rights Committee this morning concluded its consideration of the sixth 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 torture definition 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.
