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

1. With reference to the first point of its previous direct request concerning the communication from the Association of Physicians, Dental Surgeons and Allied Professions of the Social Security Fund (AMOACSS), dated 23 October 1989, the Committee notes with interest the Government's communication dated 12 March 1990 according to which it has reinstated the health workers who had been dismissed by virtue of Wartime Legislative Decree No. 2 of 9 October 1989. The Committee requests the Government to supply information on the new appointment of Mrs. Carmen P. de Pinzón.

2. The Committee is bound, in the absence of a report, to reiterate the other points raised in its previous direct request, as follows:

In its previous comments, the Committee referred to the allegations by the Government of Panama that breaches of the Panama Canal Treaty are resulting in discriminatory situations regarding access to employment and conditions of work in the Panama Canal Commission.

1. The Committee noted article IX, paragraph 1, of the Panama Canal Treaty, which declares the legislation of the Republic of Panama to be applicable to the Canal Zone, article X, which deals with employment in the Panama Canal Commission, and section 10 of the Labour Code, which guarantees the principle of equal remuneration.

The Committee also noted the allegations contained in Document CERD/C/149/Add.4 of 4 June 1986, according to which subsidies such as housing, electricity and transport are granted to United States employees and employees of any nationality who are recruited outside the Republic of Panama; Panamanian employees who carry out identical tasks do not receive these benefits. The cost of the subsidies is borne by the budget of the Commission. The Document adds that "although Panamanians represent 80 per cent of the labour force in the Panama Canal Commission, they still have a very low degree of participation in the executive positions of the Commission".

In its report, the Government refers to the steps taken with regard to the United States Government to request the amendment of the provisions of the United States Act No. 96-70 of 1979 which, according to the Government of Panama, infringes article X(6) of the Panama Canal Treaty by granting a cost-of-living-adjustment payment, to be financed by the Commission, only to North American citizens.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged in order to remove the obstacles which prevent the effective implementation of the principle of equality contained in the Convention.

2. The Committee notes the Act by which totalitarian activities such as Communism are declared illegal and in violation of the Constitution of the Republic of Panama (Act No. 43 of 1953), which provides, in section 3, that "No person who is found to belong or collaborate with totalitarian parties, organisations or groups, such as Communists, shall be able to work in the national or municipal Government, nor in its autonomous or semi-autonomous dependent bodies, nor sit on official bodies, nor participate in transactions with the above bodies".

The Committee requests the Government to state whether Act No. 43 of 1953 is still in force. In the event of the Act having been repealed, the Committee requests the Government to supply a copy of the Act repealing it. If, on the other hand, Act No. 43 remains in force, the Committee requests the Government to report on the measures that have been taken or are envisaged to ensure observance of the Convention, which protects workers against discrimination based, inter alia, on political opinion.

3. The Committee notes with interest the information supplied by the Government concerning the programmes undertaken to ensure access to employment and training to Panamanians of different ethnic origins.

The Committee requests the Government to continue supplying information on the measures that have been taken to promote a policy of equality in respect of groups of different ethnic origins.

4. The Committee notes with interest the judicial ruling of 12 January 1987 (Burgos v. Banco Continental), which was attached to the Government's report on Convention No. 100.

In the above ruling, the Court considered that it was clearly discriminatory behaviour to make the right of women workers to promotion subject to conditions of a personal nature, which made them the victims of harassment by their employer or his representative.

The Committee requests the Government to continue supplying information on the measures that are taken to protect women workers against acts of sexual harassment at the workplace.